City Council and Concurrent Authorities
November 12, 2024

ATTACHMENT D
1400
Prepared for:

John Styer

PB LOADER
5778 W Barstow
Fresno, CA 93722
Phone: 800-350-8521
Description

DUAL NEEDLE PRIMARY AND SECONDARY AIR

PRESSURE GAUGE

INTAKE MOUNTED AIR RESTRICTION

INDICATOR WITHOUT GRADUATIONS
97 DB BACKUP ALARM

ELECTRONIC CRUISE CONTROL WITH

CONTROLS ON STEERING WHEEL SPOKES

KEY OPERATED IGNITION SWITCH AND
INTEGRAL START POSITION; 4 POSITION

OFF/RUN/START/ACCESSORY
PREMIUM INSTRUMENT CLUSTER WITH 5.0

INCH TFT COLOR DISPLAY

DIGITAL PANEL LAMP DIMMER SWITCH IN

DRIVER DISPLAY

HEAVY DUTY ONBOARD DIAGNOSTICS

INTERFACE CONNECTOR LOCATED BELOW LH
DASH
2 INCH ELECTRIC FUEL GAUGE

FUEL FILTER RESTRICTION INDICATOR

ENGINE REMOTE INTERFACE WITH ONE OR

MORE SET SPEEDS

QUICKFIT POWERTRAIN INTERFACE

CONNECTOR UNDER CAB WITH CAPS

ENGINE REMOTE INTERFACE CONNECTOR AT

POWERTRAIN INTERFACE CONNECTOR

ELECTRICAL ENGINE COOLANT TEMPERATURE
GAUGE

DIGITAL ENGINE OIL TEMPERATURE IN DRIVER

DISPLAY

ELECTRIC ENGINE OIL PRESSURE GAUGE

DIGITAL TRANSMISSION OIL TEMPERATURE IN

DRIVER DISPLAY

ELECTRONIC OUTSIDE TEMPERATURE

SENSOR DISPLAY IN DRIVER MESSAGE
CENTER

ENGINE AND TRIP HOUR METERS INTEGRAL

WITHIN DRIVER DISPLAY

PTO CONTROLS FOR ENHANCED VEHICLE

ELECTRIC/ELECTRONIC ARCHITECTURE

NO OBSTACLE DETECTION SYSTEM

NO DR ASSIST SYSTEM

ELECTRONIC STABILITY CONTROL

NO LANE DEPARTURE WARNING SYSTEM

NO REVERSE PROXIMITY SENSOR

NO OVERHEAD INSTRUMENT PANEL
Application Version 11.9.905
Data Version PRL-29D.006
Dump City of Stockton @1i&ilHIN1iii) :.iiiiiiiiiiiiiiiiiliiiij,iiiiiiiiii.:: ® Weight
Front
Prepared by:

Steve Blanchard

DELTA TRUCK CENTER
10182 SOUTH HARLAN ROAD
FRENCH CAMP, CA 95231
Phone: 209-983-2400
Weight
Rear
3 08/28/2024 10:02 AM

ATTACHMENT D
1401
Prepared for:

John Styer

PB LOADER
5778 W Barstow
Fresno, CA 93722
Phone: 800-350-8521
Description

GENERIC TELEMATICS PREWIRE (CONSTANT
BATTERY POWER/IGNITION/GROUND/J1939);
RP1226 TYPE CONNECTOR AT PASSENGER

SIDE OF DASH END
7" B-PANEL INTERACTIVE TOUCHSCREEN

DISPLAY W/ USB-C, APPLE CARPLAY, ANDROID

AUTO, BLUETOOTH/AM/FM/SXM/WB,

MICROPHONE

DASH MOUNTED RADIO
(2) RADIO SPEAKERS IN CAB

NO AM/FM RADIO ANTENNA

NO CB RADIO MOUNTING PROVISION
SHARKFIN MUL Tl-BAND ANTENNA:

AM/FM/WEATHERBAND, WIFI/BLUETOOTH,

SDAR/SIRIUSXM, GNSS/GPS

INTEROPERABLE SOAR ANTENNA

ELECTRONIC MPH SPEEDOMETER WITH

SECONDARY KPH SCALE, WITHOUT

ODOMETER

STANDARD VEHICLE SPEED SENSOR
ELECTRONIC 3000 RPM TACHOMETER

DETROIT CONNECT PLATFORM HARDWARE
3 YEARS DETROIT CONNECT BASE

PACKAGE(FEATURES VARY BY MODEL)

DETROIT CONNECT PLATFORM

NO ASE DATA SVCE EXTENSION

NO EXTENSIONS
(2) TMC RP1226 ACCESSORY CONNECTORS: (1)

LOCATED BEHIND PASSENGER SIDE
REMOVABLE DASH PANEL (1) CENTER OF

OVERHEAD CONSOLE

IGNITION SWITCH CONTROLLED ENGINE STOP

FOUR EXTRA HARDWIRED SWITCHES IN DASH,

ROUTE TO BETWEEN SEATS, CAPPED
HARDWIRE SWITCH #1, ON/OFF LATCHING, 20

AMPS IGNITION POWER
HARDWIRE SWITCH #2, ON/OFF LATCHING, 20

AMPS IGNITION POWER
HARDWIRE SWITCH #3, ON/OFF LATCHING, 20

AMPS IGNITION POWER
HARDWIRE SWITCH #4, ON/OFF LATCHING, 20

AMPS IGNITION POWER

PRE-TRIP INSPECTION FEATURE FOR

EXTERIOR LAMPS ONLY
(1) OVERHEAD MOUNTED LANYARD CONTROL

FOR DRIVER AIR HORN
Application Version 11.9.905
Data Version PRL-29D.006
Dump City of Stockton
Weight
Front
Prepared by:

Steve Blanchard

DEL TA TRUCK CENTER
10182 SOUTH HARLAN ROAD
FRENCH CAMP, CA 95231
Phone: 209-983-2400
Weight
Rear
08/28/2024 10:02 AM

ATTACHMENT D
1402
Prepared for:

John Styer

PB LOADER
5778 W Barstow
Fresno, CA 93722
Phone: 800-350-8521
Design
Color
Description

BW TRACTOR PROTECTION VALVE

TRAILER HAND CONTROL BRAKE VALVE

DIGITAL VOLTAGE DISPLAY INTEGRAL WITH

DRIVER DISPLAY

SINGLE ELECTRIC WINDSHIELD WIPER MOTOR

WITH DELAY

ROTARY HEADLAMP SWITCH, MARKER

LIGHTS/HEADLIGHTS SWITCH WITH PULL OUT

FOR OPTIONAL FOG/ROAD LAMPS

TWO VALVE PARKING BRAKE SYSTEM WITH

WARNING INDICATOR

SELF CANCELING TURN SIGNAL SWITCH WITH

DIMMER, HEADLAMP FLASH,

WASH/WIPE/INTERMITTENT

INTEGRAL ELECTRONIC TURN SIGNAL
FLASHER WITH 40 AMP (20 AMP PER SIDE)

TRAILER LAMP CAPACITY
NO WRG/SW-OPTL #2,CHAS,AIR
PAINT: ONE SOLID COLOR
CAB COLOR A: L0006EY WHITE ELITE EY

BLACK, HIGH SOLIDS POLYURETHANE CHASSIS
PAINT
POWDER WHITE (N0006EA) FRONT
WHEELS/RIMS (PKWHT21, TKWHT21, W, TW)
POWDER WHITE (N0006EA) REAR
WHEELS/RIMS (PKWHT21, TKWHT21, W, TW)

STANDARD BLACK BUMPER PAINT

SUNVISOR PAINTED SAME AS CAB COLOR A

STANDARD E COAT/UNDERCOATING
Certification / Compliance
Sales Programs
U.S. FMVSS CERTIFICATION, EXCEPT SALES

CABS AND GLIDER KITS

NO SALES PROGRAMS HAVE BEEN SELECTED
Weight
Front
Prepared by:

Steve Blanchard

DELTA TRUCK CENTER
10182 SOUTH HARLAN ROAD
FRENCH CAMP, CA 95231
Phone: 209-983-2400
Weight
Rear

TOTAL VEHICLE SUMMARY
Weight Summary
Application Version 11.9.905
Data Version PRL-29D.006
Dump City of Stockton @:/#liilitfh?il) :::.iiiiiiiiiiiijiiiiiiiiiiiiiiiiiiiiiii.:: ® 08/28/2024 10:02 AM

ATTACHMENT D
1403
Prepared for:

John Styer

PB LOADER
5778 W Barstow
Fresno, CA 93722
Phone: 800-350-8521
Factory Weight+
Total Weight
Extended Warranty
Weight
Front
9820Ibs
9820Ibs
Weight
Rear
7187Ibs
7187Ibs
TOWING: 1 YEAR /UNLIMITED MILES /KM EXTENDED TOWING
COVERAGE $750 CAP FEX APPLIES
(+) Weights shown are estimates only .

If weight is critical, contact Customer Application Engineering.

Prepared by:

Steve Blanchard

DELTA TRUC K CENTER
10182 SOUTH HARLAN ROAD
FRENCH CAMP, CA 95231
Phone: 209-983-2400
Total
Weight
17007Ibs
17007Ibs
(***) All cost increases for major components (Engines, Transmissions, Axles, Front and Rear Tires) and government mandated requirements,·tariffs, and raw material surcharges will be passed through and added to factory invoices .

Application Version 11.9.905
Data Version PRL -29D.006
Dump City of Stockton @1.f&m1lk@ -iiiiii��iiii- 08/28/2024 10:02 AM

ATTACHMENT D
1404
Prepared for:

John Styer

PB LOADER
5778 W Barstow
Fresno, CA 93722
Phone: 800-350-8521
Application Version 11.9.905
Data Version PRL-29D.006
Dump City of Stockton
:.iiiiiiiiiii�•-iiiiiiii. ® @;tiUURINJ#(5
f:'repared by:

Steve Blanchard

DEL TA TRUCK CENTER
10182 SOUTH HARLAN ROAD
FRENCH CAMP, CA 95231
Phone: 209-983-2400
08/28/2024 10:02 AM

ATTACHMENT D
1405
City of Stockton
Legislation Text
File #: 24-0961, Version: 2

ADOPT RESOLUTION TO AUTHORIZE ON-CALL CONCRETE SAW-CUTTING AND SHAVING

SERVICES

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve Notice of Exemption No. NOE40-24 under the California Environmental Quality Act for On-Call Concrete Saw-Cutting and Shaving Services, Project No. WD23004.

2. Award a three-year Service Contract, in the amount not to exceed $150,000, to Precision Emprise, LLC dba Precision Concrete Cutting of Oakland, CA, for On-Call Concrete SawCutting and Shaving Services, Project No. WD23004.

3. Authorize the City Manager to execute up to two one-year extensions to this Service Contract, at an annual cost not to exceed $50,000, for a cumulative contract total not to exceed $250,000.

4. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Summary
Concrete sidewalks throughout the City have been lifted by tree roots to create a vertical displacement at the sidewalk joint. In some cases, the displacement can be eliminated by cutting the elevated sidewalk panel down to the level of the adjacent panel. The On-Call Concrete SawCutting and Shaving Services project will eliminate such displacements throughout the City.

On July 15, 2024, the City advertised a Request for Proposals (RFP) for On-Call Concrete SawCutting and Shaving Services, Project No. WD23004. On August 5, 2024, two firms submitted proposals for this project. The Selection Committee evaluated the proposals and found Precision Emprise, LLC dba Precision Concrete Cutting (Precision) of Oakland, CA, to be the most qualified and highest ranked firm.

It is recommended that Council adopt a resolution authorizing the City Manager to execute a threeyear Service Contract, in the amount not to exceed $150,000, with Precision. This Service Contract contains renewal options for up to two one-year extensions of $50,000 each and a cumulative contract total not to exceed $250,000. It is also recommended that Council adopt a City of Stockton Page 1 of 3 Printed on 11/7/2024
powered by Legistar™1406
File #: 24-0961, Version: 2
resolution approving Notice of Exemption No. NOE40-24 under the California Environmental Quality Act (CEQA).

DISCUSSION
Background
The City maintains approximately 781 centerline miles of streets, most of which contain curbs, gutters, and sidewalks. Prior to 1968, the adjacent property owner was responsible for maintenance of all curbs, gutters, and sidewalks in accordance with the Streets and Highways Improvement Act of 1911. In 1968, Council revised the Stockton Municipal Code (SMC) to assume responsibility for repairs to all curbs, gutters, and sidewalks in cases where the damage is caused by City-owned or controlled trees (SMC 12.04.040(B)).

The City regularly receives requests to repair curbs, gutters, and sidewalks. Each request is evaluated to determine if repair is needed and if the damage is caused by a City tree. If the repairs are warranted, the sidewalk location is added to a database for future permanent repairs.

Permanent repairs are made as funding becomes available and are prioritized in chronological order based on the date of the original service request.

If practical, a temporary repair is made, typically using asphalt concrete material to patch the displaced area. Concrete saw-cutting and shaving is an alternative repair method that can be applied at locations with vertical displacements that are less than two inches. The work is done with a handheld, electrically powered diamond blade saw that cuts the raised sidewalk from edge to edge, tapering the concrete to match adjacent level surfaces. Compared to repair using asphalt concrete, concrete saw-cutting provides improved conditions for pedestrians and a more attractive finish. In addition, the saw-cutting method can potentially eliminate, or at least delay, the need for permanent replacement. The City does not have the internal resources to perform this type of repair method.

Staff anticipates that the On-Call Concrete Saw-Cutting and Shaving Services project will repair approximately 350 locations annually. Currently, 1,700 sidewalk repair locations have been reported or identified.

Present Situation
On July 15, 2024, the City advertised an RFP for On-Call Concrete Saw-Cutting and Shaving Services, Project No. WD23004. On August 5, 2024, two proposals were received from the following:
· Precision Emprise, LLC dba Precision Concrete Cutting (Oakland, CA) · Trip Stop Sidewalk Repair, Inc. (San Carlos, CA)
A Selection Committee comprised of Public Works’ staff evaluated and ranked both proposals based on each firm’s experience, qualifications of staff, quality control, and cost. Precision received the highest ranking, based on the noted criteria, and was determined to be the most qualified firm for this project.

City of Stockton Page 2 of 3 Printed on 11/7/2024
powered by Legistar™1407
File #: 24-0961, Version: 2
It is recommended that Council adopt a resolution authorizing the City Manager to execute a threeyear Service Contract, in the amount not to exceed $150,000, with Precision of Oakland, CA, for OnCall Concrete Saw-Cutting and Shaving Services, Project No. WD23004. Payment will be based on actual work performed at the negotiated unit price, with field verification by City staff. Initial contracted services will expire on December 31, 2027. The City has the option to initiate two oneyear extensions thereafter, at an annual cost of $50,000, for a cumulative contract total not to exceed $250,000.

The project conforms with the City’s General Plan, pursuant to California Government Code section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. As a result, the project has been granted a categorical exemption.

The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE40-24 under CEQA.

Findings
Pursuant to SMC section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:

1. The City does not have the internal resources to perform concrete saw-cutting and shaving services.

2. Concrete saw-cutting and shaving involves specialized equipment (diamond blade saw) and work that requires an experienced, qualified contractor who has successfully provided services of similar frequency and scope.

3. Use of the RFP process is appropriate for this Service Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide professional, responsive, and timely service which is in the public interest.

4. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

FINANCIAL SUMMARY
There are sufficient funds in Project No. WD23004 to award a Service Contract for On-Call Concrete Saw-Cutting and Shaving Services, Project No. WD23004, to Precision of Oakland, CA, in the amount of $150,000.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.

City of Stockton Page 3 of 3 Printed on 11/7/2024
powered by Legistar™1408
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE40-24, AND

AWARDING A SERVICE CONTRACT FOR ON-CALL CONCRETE SAW-CUTTING AND SHAVING SERVICES, PROJECT NO. WD23004
On July 15, 2024, the City advertised a Request for Proposals (RFP) for On-Call Concrete Saw-Cutting and Shaving Services, Project No. WD23004; and Concrete sidewalks throughout the City have been lifted by tree roots to create a vertical displacement at the sidewalk joint. The Project will eliminate such displacements at approximately 350 locations throughout the City; and On August 5, 2024, two firms submitted proposals for this project. The Selection Committee evaluated the proposals and found Precision Emprise, LLC dba Precision Concrete Cutting to be the most qualified and highest ranked firm; and The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The City Council approves the filing of Notice of Exemption No. NOE40-24 under CEQA for On-Call Concrete Saw-Cutting and Shaving Services, Project No. WD23004, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council awards a three-year Service Contract between the City of Stockton and Precision Emprise, LLC dba Precision Concrete Cutting, in the amount not to exceed $150,000, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

3. The City Council authorizes the City Manager to execute up to two one-year extensions to this Service Contract, at an annual cost not to exceed $50,000, for a cumulative contract total not to exceed $250,000.

4. The City Council approves findings pursuant to Stockton Municipal Code (SMC) Section 3.68.070 in support of an exception to the competitive bidding process.

These findings include:
a. The City does not have the internal resources to perform concrete sawcutting and shaving services. 1409
b. Concrete saw-cutting and shaving involves specialized equipment (diamond blade saw) and work that requires an experienced, qualified contractor who has successfully provided services of similar frequency and scope.
c. Use of the RFP process is appropriate for this Service Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide professional, responsive, and timely service which is in the public interest.
d. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

5. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED November 12, 2024 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
1410
EXHIBIT 1
1411
On-Call Concrete Saw-Cutting and Shaving Services, Project No. WD23004 09/03/2024
(Updated 10/18/23)

CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2024, between the CITY OF STOCKTON, a municipal corporation (“CITY), and PRECISION EMPIRES LLC DBA PRECISION CONCRETE CUTTING a STATE OF CALIFORNIA CORPORATION, with a business address at 417 HARRISON STREET, OAKLAND, CA 94607, hereinafter called "CONTRACTOR.," THIS CONTRACT is for the ON-CALL CONCRETE SAW-CUTTING AND SHAVING SERVICES (PROJECT NO. WD23004), hereinafter referred to as “SERVICE”.

RECITALS
A. CONTRACTOR represents that it is licensed in the State of California and is qualified, willing and able to provide the services proposed in the SCOPE OF WORK section of this Contract.

B. CONTRACTOR represents that it is registered pursuant to Labor Code Section 1725.5 and will register annually with the Department of Industrial Relations, if the services have a wage determination for the services outlined in the SCOPE OF WORK section of this Contract.

C. CONTRACTOR represents that it will pay all required prevailing wages under California Labor Code for all services provided that have a wage determination.

D. CITY finds it necessary and advisable to use the services of the CONTRACTOR for the purposes provided in this Contract.

NOW THEREFORE, in consideration of the mutual promises, covenants and conditions in this Contract, CITY and CONTRACTOR agree as follows:

1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A (scope and specifications). CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession.

CONTRACTOR agrees that it shall provide fully complete services including all labor, materials, tools, equipment and insurance required and that are acceptable to the CITY.

2. COMPENSATION. CITY shall pay CONTRACTOR for services outlined in Exhibit A) according to the fee not to exceed the schedule detailed in Exhibit B (fee schedule), which is attached to this Contract and incorporated by this reference. CONTRACTOR agrees this fee is for full remuneration for performing all services and furnishing all staffing, materials and tools called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of CONTRACTOR’S invoice for completed work. Total compensation for services and reimbursement for costs shall not exceed $150,000.00 or as otherwise mutually agreed to in a Contract Amendment.

EXHIBIT 2 Page 1 of 38
1412
On-Call Concrete Saw-Cutting and Shaving Services, Project No. WD23004 09/03/2024 (Updated 10/18/23)
Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. a. Invoices submitted by CONTRACTOR to CITY must contain a brief description of work performed, location of work, time used, materials and special equipment and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
b. Upon completion of work and acceptance by CITY, CONTRACTOR shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by CITY upon receiving a written request thirty (30) days in advance of said time limitation. CITY shall have no obligation or liability to pay any invoice for work performed which CONTRACTOR fails or neglects to submit within sixty (60) days, or any extension thereof granted by the CITY, after work is accepted by CITY.

3. INSURANCE. During the term of this Contract, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit C (Insurance Requirements and Forms) which is attached to this contract and incorporated by this reference, and shall otherwise comply with the other provisions of Exhibit C (Insurance Requirements and Forms). Maintenance of proper insurance coverage is a material element of this contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.

CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit C, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016- 09-27-1213, effective September 27, 2016.

It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and noncontributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance EXHIBIT 2 Page 2 of 38
1413
On-Call Concrete Saw-Cutting and Shaving Services, Project No. WD23004 09/03/2024
(Updated 10/18/23)
and shall be at least as broad as ISO CG 20 01 04 13.

The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self-insurance shall be called upon to protect it as a named insured.

All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.

Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.

The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONTRACTOR.

CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents.

CONTRACTOR further agrees to include these same provisions with any subcontractor regardless of tier. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The CONTRACTOR shall require all Subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the CITY.

4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, EXHIBIT 2 Page 3 of 38
1414
On-Call Concrete Saw-Cutting and Shaving Services, Project No. WD23004 09/03/2024
(Updated 10/18/23)
and shall not in any way be limited by, the minimum insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

5. SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on DECEMBER 31, 2027, unless extended by mutual agreement through the issuance of a Contract Amendment. This contract provides for two (2), one (1) year extensions at the same rates and terms as outlined in Exhibit A and Exhibit B.

6. CONFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d) http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit D).

The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&di vision=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
EXHIBIT 2 Page 4 of 38
1415
On-Call Concrete Saw-Cutting and Shaving Services, Project No. WD23004 09/03/2024
(Updated 10/18/23)
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.

The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, EXHIBIT 2 Page 5 of 38
1416
On-Call Concrete Saw-Cutting and Shaving Services, Project No. WD23004 09/03/2024
(Updated 10/18/23)
certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract.

CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section 3.68.095.
f. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

7. CONTRACT AMENDMENTS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Project Manager to be necessary or advisable and to require such extra work as may be determined by the Project Manager to be required for the proper completion of the whole work contemplated.

Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.

8. RIGHTS AND DUTIES OF CITY. CITY shall make available to CONTRACTOR all data and information in the possession of CITY which both parties deem necessary to complete the work, and CITY shall actively aid and assist CONTRACTOR in obtaining such information as may be deemed necessary from other agencies and individuals.

9. OBLIGATIONS OF CONTRACTOR. Throughout the term of this Contract, CONTRACTOR represents and warrants that it has or will have at the time this Contract is EXHIBIT 2 Page 6 of 38
1417
On-Call Concrete Saw-Cutting and Shaving Services, Project No. WD23004 09/03/2024 (Updated 10/18/23)
executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the CONTRACTOR to practice its professions, and CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals CONTRACTOR shall meet with the Public Works Director or other personnel of CITY or third parties as necessary on all matters connected with the carrying out of CONTRACTOR’S services. Such meetings shall be held at the request of either party hereto. CONTRACTOR further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

10. TERMINATION. This Agreement is effective on the Effective Date. The City may terminate this Contract and work pursuant to any of all scope of works at any time by mailing a notice in writing to Contractor. The Contract shall then be deemed terminated and no further work shall be performed by Contractor. If the Contract is so terminated, the Contractor shall be paid for that percentage of work actually completed at the time the notice of termination is received.

11. CONTRACTOR STATUS. In performing the obligations set forth in this Contract, CONTRACTOR shall have the status of an independent contractor and CONTRACTOR shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of CONTRACTOR are its agents and employees, and are not agents of the CITY.

Subcontractors shall not be recognized as having any direct or contractual relationship with the CITY. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The CONTRACTOR is responsible to the CITY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
a. If in the performance of this Contract any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by CONTRACTOR. i. It is further understood and agreed that CONTRACTOR must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR’S personnel.
ii. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that employer-employee relationship exists by reason of this Contract.

12. ASSIGNMENT. CONTRACTOR shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the CITY, and then EXHIBIT 2 Page 7 of 38
1418
On-Call Concrete Saw-Cutting and Shaving Services, Project No. WD23004 09/03/2024
(Updated 10/18/23)
only upon such terms and conditions as CITY may set forth in writing. CONTRACTOR shall be solely responsible for reimbursing subcontractors.

13. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.

14. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To CONTRACTOR: Precision Emprise LLC, To City: Public Works Director DBA Precision Concrete Cutting City of Stockton
417 Harrison Street 22 E. Weber Ave., Rm. 301
Oakland, CA 94607 Stockton, CA 95202

15. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the CITY’S execution of this Contract and prior to the CONTRACTOR engaging in any operation or activity set forth in this Contract, CONTRACTOR shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. CONTRACTOR covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.

16. RECORDS AND AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.

CONTRACTOR agrees that CITY or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested, and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract. CONTRACTOR agrees to maintain such records for a period of three years from the date that final payment is made.

17. CONFIDENTIALITY. CONTRACTOR shall exercise reasonable precautions to prevent the unauthorized disclosure and use of CITY’S reports, information, or conclusions.

18. CONFLICTS OF INTEREST. CONTRACTOR covenants that other than this Contract, CONTRACTOR has no financial interest with any official, employee, or other representative of the CITY. CONTRACTOR and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of CONTRACTOR’S services under this Contract. If such an interest arises, CONTRACTOR will immediately notify CITY.

EXHIBIT 2 Page 8 of 38
1419
On-Call Concrete Saw-Cutting and Shaving Services, Project No. WD23004 09/03/2024
(Updated 10/18/23)

19. WAIVER. In the event either CITY or CONTRACTOR at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.

20. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

21. DISPUTE RESOLUTION. Prior to undertaking any litigation, the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between senior managers of each Party having authority to resolve the dispute.

1. Venue
Any controversy or claim between the Parties shall be determined with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

2. If any litigation action or proceeding is commenced in connection with this Agreement, the prevailing Party, as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for in-house legal services), costs and necessary disbursements incurred in such action or proceeding.

22. NO PERSONAL LIABILITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY or for any amount due CONTRACTOR.

23. INTEGRATION AND MODIFICATION. The response by CONTRACTOR to the Request for Proposals or Qualifications and the Request for Proposals or Qualifications on file with the CITY are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals or Qualifications. This Contract represents the entire integrated agreement between CONTRACTOR and CITY, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by CONTRACTOR and CITY. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.

EXHIBIT 2 Page 9 of 38
1420
On-Call Saw Cutting and Shaving Services, Project No. WD23004 09/03/2024
(Updated 10/18/23)

25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR.

26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.

IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.

CITY OF STOCKTON PRECISION EMPRISE LLC,

DBA PRECISION CONCRETE CUTTING
By: By:

HARRY BLACK Signature

CITY MANAGER
ATTEST: Print Name
By: ___ KATHERINE ROLAND, CMC, CPMC Title:

INTERIM CITY CLERK
APPROVED AS TO FORM:

By:

ASSISTANT CITY ATTORNEY
EXHIBIT 2
Joseph Ortega
Vice President

1421

REQUEST FOR PROPOSALS

ON-CALL CONCRETE SAW-CUTTING AND

SHAVING SERVICES
PROJECT NO. WD23004
Issued by:

City of Stockton
Public Works Department
1465 S. Lincoln Street
Stockton, CA. 95206
Date Issued: July 15, 2024
Date Proposals Due: August 5, 2024, at 5:00 P.M.

LATE SUBMITTALS WILL NOT BE ACCEPTED
EXHIBIT 2

EXHIBIT A

1422

1.0 INTRODUCTION
The City of Stockton (City) is soliciting proposals from qualified contractors to provide oncall concrete cutting and shaving services. Services include all labor, materials, parts and equipment necessary to provide Concrete Cutting and Shaving Services on sidewalks within the City.

This Request for Proposal (RFP) is structured to allow the City the option, and based on funding availability, the initial contract for a duration of three years with two one-year contract extensions.

2.0 BACKGROUND
The City concrete sidewalks encounter numerous displacements due to tree roots or settlement caused by subgrade failures. This contract will supplement the City’s Sidewalk Repair Program at various locations throughout the City. The selected contractor will enter into a Contractor Services Agreement and will perform work as described in the Scope of Services section.

3.0 SCOPE OF WORK
The work provided herein consists, in general, of removing sidewalk locations due to tree roots or settlement caused by subgrade failures (various locations citywide).

Scope of Work Anticipated:

1. The Contractor(s) shall furnish all labor, materials, parts, and equipment necessary to provide Concrete Saw-Cutting and Shaving Services to sidewalks on the City’s right-of-way at various locations within the City limits.

Services shall be provided as requested by the City of Stockton Public Works Department.

2. The scope of services shall include but is not limited to work similar to that presented below:

The City will provide Council District Areas throughout the contract period. As each phase is completed, the City and the vendor will compile additional locations as needed for cutting or shaving. The vendor will provide all labor, equipment, and incidentals to saw-cut / shave concrete sidewalk offsets that are between 0.25" to 2". Any existing sidewalk greater than 2" thick shall not be considered for saw-cutting or shaving.

3. Contractor shall inspect all identified areas to include location of displaced sidewalks, pre-construction survey photos, complete measurements of the displacement, and photo of the repaired sidewalk. The contractor shall provide this information in a format that is compatible with the City's GIS software.

EXHIBIT 2

EXHIBIT A

1423

4. All concrete locations shall be saw-cut or shaved to provide a smooth transition between concrete slabs. The shaved areas shall be uniform, smooth, contain minimal grooving and be straight at the backline with little or no scarring of the adjacent concrete. Final finish of saw-cut/shaved concrete sidewalk areas shall not be slippery.

5. Contractor shall provide concrete dust control by use of high efficiency vacuum attachment secured to the port of the saw-cutting or shaving machine.

6. Saw-cut or shaved locations list is included as part of this RFP. Future sawcut or shaved locations and quantities shall be provided to the Contractor.

7. Contractor shall provide all labor, equipment, and materials necessary to complete the work for the price quoted.

8. Existing temporary ramps (asphalt concrete or concrete) shall be removed at no extra charge and disposed of by Contractor personnel. All cutting or shaving residue shall be collected, removed, and disposed of by Contractor at no additional charge. Adherence to all clean water regulations is required at no additional costs to City.

9. The City and the selected Contractor shall retain the right to renew the agreement for up to two (2) additional one-year periods. This Contract may be renewed only by mutual agreement between the parties involved. Each party retains the right not to renew the agreement at the time of scheduled expiration. If the contract is extended, the contract extensions shall be increased by 2.5% on an annual basis.

The City does not guarantee any quantity of work and retains the right to use other contractors for the services.

10. Concrete sidewalks saw-cutting/shaving work shall typically occur during normal business hours. The City allows only one lane closure during the day in each direction. On 2-lane roadways, Contractor shall provide two flaggers and comply will all of the MUTCD 2014, revision 4 requirements for a 2-lane closure with flaggers. Lane closure hours are 9:00 a.m. – 3:00 p.m. Monday through Friday with alternating closed Fridays. All legal holidays and alternate closed Fridays are observed as nonbusiness hours.

Should the Contractor choose to work on a Saturday, Sunday, City Holidays or on a holiday recognized by the labor unions, the Contractor shall reimburse the City of Stockton the actual cost of engineering, inspection, testing, superintendent, and/or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required.

11. The Contractor shall complete work on all areas identified in the list provided by the City and within the allowed budget.

12. Contractor shall diligently prosecute work to minimize the time the traffic EXHIBIT 2

EXHIBIT A

1424
signal is running on a timer, and to minimize the potential for public exposure to the work still in progress. Contractor shall start work so it is completed that same day. Contractor shall maintain the site safe at all times and be responsible for removal and proper disposal of all waste materials and surplus items prior to leaving the site each day. The Contractor shall erect barricades, warning signs, and any other devices to prevent unauthorized access to work areas by the public. As applicable, the contractor shall provide all necessary traffic control during work in accordance with MUTCD 2014, revision 6 and its latest amendments. Contractor shall submit traffic control plans to the Engineer for review and approval prior to start of work. Traffic Control plans designed by the Contractor shall be stamped by a registered Traffic or Civil Engineer. Cost of traffic control services shall be included in the concrete saw-cutting/shaving unit cost.

13. The Contractor shall only bill for work completed in place.

14. The City reserves the right to increase or decrease the bid quantity.

15. Notwithstanding any provision to the contrary herein, City shall have no obligation to give more than two notices of unsatisfactory performance in any calendar year. In the event two such notices of unsatisfactory performance are given in any calendar year; the City may thereupon terminate this contract immediately.

16. Work will be performed in an orderly manner with minimum disturbance and inconvenience to the public. The Contractor shall confine and limit its personnel to only those areas required in performing the work.

17. Contractor shall obtain an Encroachment Permit from the City of Stockton and pay all necessary required fees. Prior to obtaining the encroachment permit, the proposed traffic control plans must be approved by the Engineer.

Encroachment permits can be obtained at:

City of Stockton
Community Development Department
345 N. El Dorado Street
Stockton, CA. 95205
Office: 209-937-8349

18. If the Contractor disturbs a monument, the Contractor shall:
a. Contact the City Project Manager.
b. Hire a surveyor at the City’s expense.
c. Pay all necessary required fees to replace the monuments in accordance with state law.

Refer to ATTACHMENT A for specifications.

EXHIBIT 2

EXHIBIT A

1425

4.0 PROPOSAL SELECTION PROCESS AND CRITERIA
The various significant factors that will be considered in the evaluation of proposals are summarized below. The City's final selection will not be dictated on any single factor, including price. The relative importance of these factors involves judgment on the part of the City's selection committee and will include both objective and subjective analysis. A contractor may be eliminated from consideration for failure to comply with any of the requirements, depending upon the critical nature of such requirements. Proposals will be evaluated using the following criteria:

Scope of Service/Deliverables 20 Points
Cost 40 Points
Equipment 10 Points
License and Experience 30 Points
Total Points 100 Points
Refer to ATTACHMENT B for Evaluation Scoring Sheet.

Proposal Submissions:

Proposals shall be submitted no later than 5:00 P.M., on August 5, 2024, to:

PUBLIC WORKS

CITY OF STOCKTON
ATTN: KATRINA TAVARES
1465 S Lincoln St.

Stockton, CA. 95206
Scope of Service/Deliverables: Responsive proposals will demonstrate an understanding of the Concrete Cutting and Shaving process and deliverables. They will also demonstrate their ability to handle seasonal peak workload.

Cost: Responsive proposals will include the unit cost shown in this proposal (include the compensation schedule (Attachment C) with your proposal in a separate sealed envelope).

Equipment: Responsive proposals will include a list of equipment to be used in this contract.

License and Experience: Responsive proposals will include staff qualifications and relevant experience with Concrete Cutting and Shaving jobs in the Northern California region within the last 12- months. Contractor shall submit three references from outside Local Agencies that have done similar type of work. All contractors and subcontractors must be registered with the Department of Industrial Relations (DIR) in accordance with Senate Bill 854. The registration form is located on the DIR's website at EXHIBIT 2

EXHIBIT A

1426
http://www.dir.ca.gov/Public-Works/PublicWorks.html. Vendor shall possess a valid California contractor’s license for the following classification (s): Class C 61 Contractor Identification: Provide the name of the firm, the firm’s principal place of business, the name and telephone number of the contact person.

Client References: Provide a minimum of three (3) client references. References should be California cities or other large public entities. Provide the designated person’s name, title, organization, address, telephone number, and the projects(s) that were completed under that client’s direction (ATTACHMENT D).

Responsiveness of Proposals: All proposals must be in writing and fully responsive to this RFP. Non-responsive proposals or proposals found to be irregular or not in conformance with the requirements and instructions contained herein will not be considered or evaluated. Other conditions which may lead to the selection committee's decision not to evaluate a proposal include obvious lack of experience, expertise or adequate resources to perform the required work, and/or failure to perform or meet financial obligations on previous contracts. The City reserves the right to reject any and all proposals for any reason whatsoever.

Selection Schedule:

The Contractor Selection process will follow the tentative timeline shown below:

EVENT DATE
Advertise RFP July 15, 2024
Written Questions submitted by July 18, 2024, at 5:00 pm Response to Written Questions July 22, 2024, at 5:00 pm Proposals Due August 5, 2024, at 5:00 pm
Interviews Start TBD
Negotiations/Final Scope September 2024
City Council Approval December 2024
Proposal Questions and Requests for Clarification:

Any questions or requests for clarification shall be submitted in writing to:
[email protected]
Requests for clarification shall be submitted by July 18, 2024, at 5:00 P.M. It is the proposer’s responsibility to check the website for any addendums or responses to questions. The website address is as follows:
https://www.stocktonca.gov/business/contracts___purchasing/bidflash/index.php EXHIBIT 2

EXHIBIT A

1427
Waivers: The City may waive informalities or irregularities in proposals received where such is merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other proposals.

Final Selection: Following the selection committee review and screening of all proposals, the selection committee will choose a contractor with the highest ranking. The City requests contractors make themselves available if asked to participate in an interview.

Fee Negotiation: Following the proposals ranking process, the selection committee will commence fee negotiations with the top ranked contractor. The goal of negotiation is to agree on a final contract that delivers to the City the services and products required at a fair and reasonable cost. If the City fails to reach an agreement with the top-ranked contractor, a new negotiation will commence with the next highest-ranked contractor.

If the new negotiation fails, the process is repeated until a contract is negotiated successfully. Upon successful negotiation of a contract, staff will make a recommendation of award to the highest ranked qualified Contractor.

5.0 CONCLUSION
The City reserves the right to accept or reject any or all proposals, to alter the selection process, to postpone the selection process for its own convenience at any time, and to waive any defects in any of the proposals. The City also reserves the right to accept or reject any individual sub-contractor that a bidder proposes to use.

This RFP shall in no way be deemed to create a binding contract or agreement of any kind between the City and the bidder. By submitting a response to this RFP, the successful bidder agrees to execute an agreement with the City. The City reserves the right to negotiate any and all terms of the agreement, including the Term, Scope of Service and Compensation.

Each bidder submitting a proposal acknowledges and agrees that the preparation of all materials for submittal to the City and all presentations, related costs and travel expenses are the bidder's sole expense and the City shall not, under any circumstances, be responsible for any cost or expense incurred by the bidder. In addition, each bidder acknowledges and agrees that all documentation and/or materials submitted with the RFP shall remain the property of the City.

Each bidder should be aware that although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City might not be in a position to establish that the information, which a bidder submits, is a trade secret. If a request is made for information marked "confidential", the City will provide the bidder who submitted such information with reasonable notice to allow the bidder to seek protection from disclosure by a court of competent jurisdiction.

Selection of a proposal and the award of any final contract will be based on an evaluation of which company or firm will best assist the City to reach its goal of receiving the EXHIBIT 2

EXHIBIT A

1428
highest quality service at the lowest reasonable cost. The City reserves the right to reject any or all proposals, to accept or reject any one or more items of a proposal, or to waive any minor irregularities or informalities in any proposal.

ATTACHMENTS
ATTACHMENT A – SPECIFICATIONS
ATTACHMENT B – EVALUATION SCORING SHEET
ATTACHMENT C – COMPENSATION SCHEDULE
ATTACHMENT D – BIDDER’S REFERENCE PAGE
EXHIBIT 2

EXHIBIT A

1429

COMPENSATION SCHEDULE
Three-Year Proposal Page – Total compensation for services and reimbursement for costs shall not exceed $150,000 for the duration of the 3-year contract or otherwise mutually agreed to in a Contract Change Order. The two-one-year contract extension compensation for services and reimbursement for costs shall not exceed $50,000 per year.

Proposed pricing listed below shall cover all Scope of Services described in RFP.

Contractor shall fill in the following Bid Schedule and Submit it in a separate sealed envelope with the proposal.

Calendar Year 2024 to 2027: January 1, 2024, to December 31, 2027 Bid Item
No.

Bid Item Description Unit Unit
Cost
1 Concrete
Saw-Cutting / Shaving
Inch-Foot
2 Perform Condition
Assessment
Sidewalk
Mile
Calendar Year 2028: January 1, 2028, to December 31, 2028 Bid Item
No.

Bid Item Description Unit Unit
Cost
1 Concrete
Saw-Cutting / Shaving
Inch-Foot
2 Perform Condition
Assessment
Sidewalk
Mile
Calendar Year 2029: January 1, 2029, to December 31, 2029 Bid Item
No.

Bid Item Description Unit Unit
Cost
1 Concrete
Saw-Cutting / Shaving
Inch-Foot
2 Perform Condition
Assessment
Sidewalk
Mile
The quantity of Inch-Foot is calculated by the average of the lip height of the uplifted edge saw cut/shaved multiplied by the length measured along the same edge. The Inch-Foot unit cost shall include but not be limited to mobilization and traffic control $45.00
$600.00
$47.25
$642.00
$49.61
$686.94
EXHIBIT B EXHIBIT 2 Page 19 of 38
1430
setup. The Inch-Foot unit cost is for all work completed in place.

The quantity of Sidewalk Miles is calculated by a separate trip to perform a condition assessment of a mile of sidewalk. Assessment and data collection at the time of the repair are included in the concrete-cutting cost.

The City of Stockton reserves the right to reject any or all bid proposals. Bidders are cautioned not to attach any conditions, limitations, or provisions to the proposal which will cause its rejection.

The undersigned for the bidder represents and warrants that he/she has full and complete authority to submit this bid to the City of Stockton and to enter into a contract if this bid is accepted.
__________________________ __________________________
Company Name By (Signature)
___________________________ ___________________________ Street Address or P.O. Box (Printed Name)
Precision Empirse LLC DBA Precision Concrete Cutting
417 Harrison St, Oakland CA 94607 Joseph Ortega, Vice President 8/20/24
EXHIBIT B EXHIBIT 2 Page 20 of 38
1431
REV 2024-03-25
Exhibit C:

Insurance Requirements
(On-Call Concrete Saw-Cutting and Shaving Services, Project No. WD23004) Contractor shall procure and maintain for the duration of the contract,and for five (5) years thereafter , insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) 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 (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. 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.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or EXHIBIT C EXHIBIT 2 Page 21 of 38
1432
REV 2024-03-25
deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Claims Made Policies (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

EXHIBIT C EXHIBIT 2 Page 22 of 38
1433
REV 2024-03-25

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is cancelled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.

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 City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

EXHIBIT C EXHIBIT 2 Page 23 of 38
1434
REV 2024-03-25
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT C EXHIBIT 2 Page 24 of 38
1435
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.

II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.

All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.

C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.

D. All City employees and non-employees share a responsibility to assist in EXHIBIT D EXHIBIT 2 Page 25 of 38
1436
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.

E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up to and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.

F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.

G. The City of Stockton prohibits retaliation against any employee or nonemployee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.

H. This policy applies to all officials, employees, volunteers, unpaid interns, agents, or contractors of the City.

I. This policy shall be administered by the Director of Human Resources.

EXHIBIT D EXHIBIT 2 Page 26 of 38
1437
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:

1. Soliciting applications from a source where all or most of potential workers are of the same race or color.

2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and

3. Questioning a job applicant about the existence, nature and severity of a disability.

B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3) EXHIBIT D EXHIBIT 2 Page 27 of 38
1438
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.

Harassment may take many forms, including, but not limited to, the following examples:

1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

2. Physical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:

1. Submission to such conduct is made a term or condition of employment; or

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
EXHIBIT D EXHIBIT 2 Page 28 of 38
1439
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93

3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.

Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.

EXHIBIT D EXHIBIT 2 Page 29 of 38
1440
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date: HARASSMENT POLICY Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.

D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:

1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;

2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;

3. Testifies in a proceeding concerning such violation;

4. Assists or participates in a proceeding concerning a violation; or

5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.

An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.

IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any EXHIBIT D EXHIBIT 2 Page 30 of 38
1441
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.

1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and nonemployees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or EXHIBIT D EXHIBIT 2 Page 31 of 38
1442
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.

If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.

2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or nonemployee to cease the conduct.

EXHIBIT D EXHIBIT 2 Page 32 of 38
1443
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From: HARASSMENT POLICY Effective Date:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.

B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.

C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.

V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is EXHIBIT D EXHIBIT 2 Page 33 of 38
1444
Subject:

B.

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.

Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:

1. Identify and preserve the evidence.

2. Confirm the name and position of the complainant. Interview the complainant.

3. Allow the complainant the opportunity to place the complaint in writing.

4. Obtain the identity of the alleged harasser(s).

5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).

6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).

7. Ascertain if any threats or promises were made in connection with the alleged harassment.

8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).

9. Ascertain whether the complainant has spoken to anyone, especially EXHIBIT D EXHIBIT 2 Page 34 of 38
1445
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 11 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.

10. Ascertain what resolution would be acceptable to the complainant.

11. Interview the alleged harasser to get his or her side of the story, including any possible motivation for a false allegation.

12. Interview witnesses who were identified by the complainant regarding the alleged harasser or other persons identified during the investigation.

13. Interview witnesses who were identified by the alleged harasser or other persons identified during the investigation.

14. Advise all participants that the investigation is "confidential" and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.

15. Conduct follow-up interviews, if warranted.

16. Prepare report of findings and discuss with management and designated legal staff.

VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall EXHIBIT D EXHIBIT 2 Page 35 of 38
1446
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.

B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.

C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.

D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged to have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determination as to whether the complaint is:

1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).

2. Unfounded: The investigation proved that the act(s) or omission(s) EXHIBIT D EXHIBIT 2 Page 36 of 38
1447

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09

3. 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.

Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.

E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.

F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.

VII. DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.

VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these EXHIBIT D EXHIBIT 2 Page 37 of 38
1448

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 14 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.

IX. COMMUNICATION OF POLICY
This policy shall be provided to all managers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.

APPROVED:
c:r��SON

CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1
EXHIBIT D EXHIBIT 2 Page 38 of 38
1449
City of Stockton
Legislation Text
File #: 24-0988, Version: 1

ADOPT RESOLUTION TO AUTHORIZE A COOPERATIVE PURCHASE AGREEMENT FOR THE

PURCHASE OF GENERATORS AND AUTOMATIC TRANSFER SWITCHES WITH HOUSING -

ROUND TWO

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Transfer funds in the amount of $338,298.10 from the 1.7 Purchase Fire Apparatus, Project No. WARP101, to the Citywide Generator Replacements, Project No. WARP507.

2. Transfer funds in the amount of $74,658.12 from the Clean City Initiative, Project No.

WARP102, to the Citywide Generator Replacements, Project No. WARP507.

3. Transfer funds in the amount of $500,000 from the Generator Replacements at Fire, Project No. F024024, to the Citywide Generator Replacements, Project No. WARP507.

4. Transfer funds in the amount of $39,645.90 from the Fleet Internal Service Fund Equipment Acquisition Account No. 4530-718-800004-500-000-00-45-000-000 to the Citywide Generator Replacements, Project No. WARP507.

5. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

6. Approve the use of a Cooperative Purchase Agreement through Sourcewell Contract No. 092222-CAT to provide the City preferential pricing from Caterpillar, Inc. through affiliated vendor Holt of California.

7. Authorize a contract with Caterpillar, Inc. of Irving, TX, through affiliated vendor Holt of California of Stockton, CA, in the amount of $2,935,635.96, for the purchase of 12 generators and equivalent automatic transfer switches with housing.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Summary
Public Works recommends the purchase of five new generators and the replacement purchase of seven generators. The purchase and installation of five new generators and Automatic Transfer Switches (ATS) is needed at the Stribley Community Center and the new City Hall buildings. These locations provide essential services to citizens and currently both locations are not equipped with City of Stockton Page 1 of 4 Printed on 11/7/2024
powered by Legistar™1450
File #: 24-0988, Version: 1
generators or ATS in the event of power failure. The seven generators and ATS at Fire Stations 5, 6, 7, 9, 12, 14, and the Police Department Operations Building (PD OPS) have surpassed their stated lifecycle, have multiple mechanical issues, and are in need of replacement (Attachment A).

Sourcewell is a public agency based in Minnesota that issues cooperative purchasing agreements to simplify the procurement process for public agencies and take advantage of volume purchasing. Use of a cooperative purchasing agreement streamlines administrative costs and procedures while maintaining the integrity of the competitive bidding process. The specifications for the generators and ATS available through Sourcewell meet the City’s requirements for this type of equipment.

The transfer of funds listed above will not have any negative impact on project delivery.

It is recommended that Council adopt a resolution authorizing the City Manager to execute a Cooperative Purchase Agreement (COOP) through Sourcewell, for the purchase of 12 generators and 12 ATS, with Caterpillar, Inc. through affiliated vendor Holt of California in the amount of $2,935,635.96 (Attachments B, C, D, and E).

DISCUSSION
Background
On September 14, 2021, by Motion No. 2021-09-14-1501, Council approved the use of $78,052,072 in the ARPA Coronavirus State and Local Fiscal Recovery Funds. The purchase of various equipment, including generators and related equipment, was identified as an eligible expense.

In summer and other harsh weather conditions, PG&E, along with the California Independent System Operator, decides when rotating outages are necessary to reduce demand on the power grid. These outages rotate through California, affect large geographical areas, and can last for a few hours at a time. The City has designated the Stribley Community Center to be a fully functional heating and cooling center during extreme weather conditions or prolonged power outages. Installing a backup generator at the Stribley Community Center will provide uninterrupted power so essential services can be provided to citizens.

The New City Hall Renovations and Relocation project will renovate two five-story buildings and includes both on- and off-site improvements. When completed, the majority of City Departments currently in various buildings will relocate into the renovated buildings. Once the buildings occupied, they will require emergency backup systems in case of power outages.

The phone lines and other emergency notification equipment at each fire station and at PD OPS require uninterrupted power to ensure receipt of call notifications. These notifications are crucial and directly dispatch personnel to an emergency. The proposed replacement of generators and the installation of the appropriate hardware will allow the generators to automatically transfer all fire stations and the Police Department to backup power when a power outage occurs. This will ensure that the facilities and equipment will be able to operate consistently during blackouts and critical events. The planned replacements increase the resources available for preventative maintenance and are critical to the availability and performance of the Fire Department and PD OPS facilities and emergency responses.

City of Stockton Page 2 of 4 Printed on 11/7/2024
powered by Legistar™1451
File #: 24-0988, Version: 1
The City’s replacement criteria for emergency generators, based on industry standards for performance and efficiency, is 15-20 years. Adherence to this standard replaces equipment before routine failures and breakdowns are experienced, reducing the demand for extensive mechanical repairs. The replacement standard increases the resources available for preventative maintenance and is critical to the availability and performance of all fleet equipment, which includes emergency generators. Fleet staff identified seven in-service generators that have exceeded the age criteria and have recurring mechanical or operational problems. Replacement of the units located at Fire Station Nos. 5, 6, 7, 9, 12, 14, and at PD OPS is recommended (Attachment A).

Present Situation
Staff recommends the replacement purchase of seven generators and ATS for Fire Station Nos. 5, 6, 7, 9, 12, 14 (Attachment B) and PD OPS (Attachment C), the purchase of one generator and ATS for the Stribley Community Center (Attachment D),
the purchase of four generators and ATS for new City Hall (Attachment E) utilizing a COOP with Sourcewell.

Assessments were completed at each facility location to determine the power load requirement and equipment needed to ensure full backup power to the site. The specifications for the proposed equipment have been approved by Public Works’ staff.

Sourcewell is a public agency based in Minnesota that serves as a contracting agency to streamline the procurement process for public agencies and takes advantage of volume purchasing. All Sourcewell contracts have been competitively bid, solicited nationally, reviewed, evaluated by a committee, and recommended to the Sourcewell Board of Directors for consideration of award. The use of these contracts is optional and is available to California State and local government agencies.

It is recommended that Council adopt a resolution authorizing the City Manager to execute a COOP through Sourcewell, for the purchase of 12 generators and equivalent ATS with housing, with Caterpillar, Inc. through affiliated vendor Holt of California in the amount of $2,935,635.96. The equipment being replaced will be removed from the fleet and sold at public auction.

Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bid process. These findings include:

1. Sourcewell established a COOP with Caterpillar, Inc. through affiliated vendor Holt of California, which includes the option to purchase generators and equivalent ATS with housing.

2. The Caterpillar, Inc. COOP was established pursuant to a formal competitive bidding process conducted by Sourcewell on behalf of its governmental members, of which the City is one.

3. Taking advantage of the leveraged procurement agreements negotiated by Sourcewell will save the administrative expense of City staff conducting separate procurements.

City of Stockton Page 3 of 4 Printed on 11/7/2024
powered by Legistar™1452
File #: 24-0988, Version: 1

4. The specifications for the equipment available through the Sourcewell contract meet the City’s requirements for their type of equipment.

Staff recommends that Council adopt a resolution authorizing the City Manager to execute a COOP through Sourcewell, for the purchase of 12 generators and 12 ATS, with Caterpillar, Inc. through affiliated vendor Holt of California of Stockton, CA, in the amount of $2,935,635.96.

FINANCIAL SUMMARY
With the transfer of funds, there will be sufficient budget in the Citywide Generator Replacements, Project No. WARP507, to authorize a contract with Caterpillar, Inc. through affiliated vendor Holt of California for $2,935,635.96.

The transfer of funds listed above will not have any negative impact on project delivery.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.

Attachment A - Generator Replacement List
Attachment B - Quote from Holt of California (Fire Stations) Attachment C - Quote from Holt of California (PD OPS)
Attachment D - Quote from Holt of California (Stribley Community Center) Attachment E - Quote from Holt of California (New City Hall) City of Stockton Page 4 of 4 Printed on 11/7/2024
powered by Legistar™1453
Generator Replacement List
Equip # Year Make Description
Replacement
Reason Department
Dept./
Division
1382 1980 KOH GENERATOR Over Age Fire Company 6
2390 1993 KOH GENERATOR Over Age Fire Company 14
2391 1993 KOH GENERATOR Over Age Fire Company 5
2717 2001 DEN GENERATOR Over Age Fire Company 12
2739 2002 MUL GENERATOR Over Age Fire Company 7
5053 2004 OLY GENERATOR Over Age Fire Company 9
2462 1973 CAT GENERATOR Over Age Police Main PD
ADD GENERATOR CDD Stribley
ADD GENERATOR Various New City Hall
ADD GENERATOR Various New City Hall
ADD GENERATOR Various New City Hall
ADD GENERATOR Various New City Hall

ATTACHMENT A
1454

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 1 -
September 16, 2024
Project: Stockton – Fire Department Replacement Sourcewell Price Quote # ddh091624A – Sourcewell Member’s Account # 26357 Holt of California, Inc is pleased to present the following quotation:

XQ125 – 110kW – Diesel Powered Genset --------------------------- $114,210.00 (Each) EPA/CARB TIER 4 FINAL EMISSION CERTIFIED
60 Hz, 110kW STANDBY - 208V
Includes Start-Up and 2-Hour Resistive Load Bank Test and Training Total for Six (6) of the XQ125 gensets -------------------------------------------- $685,260.00 9% Sales Tax on $685,260.00 ---------------------------------------------------------- $61,673.40 Total including Sales Tax ------------------------------------------------------------- $746,933.40 CG400 - 400A - Auto Transfer Switch -------------------------------------- $6,560.00 (Each)

TRUONE CG CONTROLLER

OPEN TRANSITION

STANDARD - NO BYPASS
NEMA 3R 400 AMPS
Total for Six (6) of the CG400 ATSs -------------------------------------------------- $39,360.00 9% Sales Tax on $39,930.00 -------------------------------------------------------------- $3,542.40 Total including Sales Tax ---------------------------------------------------------------- $42,902.40 Foxfab 400A Manual TS for Temp Genset ------------------------------- $12,135.00 (Each) FFCC-C2-400-FT-U4-G-ALU-LA
Consisting Of:
• 5052 Aluminum Construction
• Type 3R Enclosure
Total for Six (6) of the 400A MTSs ---------------------------------------------------- $72,810.00 9% Sales Tax on $72,810.00 -------------------------------------------------------------- $6,552.90 Total including Sales Tax ---------------------------------------------------------------- $79,362.90 Grand Total Including 9% Sales Tax – $869,198.70

ATTACHMENT B
1455

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 2 -
Delivery
Pricing includes freight & delivery. Depending on time of delivery lead-time can change current lead times for Gensets. Currently we have some Gensets coming into factory stock approximate in February 2025 plus freight transit time after the release to order.

ATTACHMENT B
1456

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 1 -
September 16, 2024
Project: Police Department Operations Building – Sourcewell Pricing Quote # ddh091624C – Sourcewell Member’s Account # 26357 Holt of California, Inc is pleased to present the following quotation:

D500 C18 T4F – 500kW – Diesel Powered Genset
EPA/CARB TIER 4 FINAL EMISSIONS CERTIFIED
60 Hz, 500kW STANDBY - 480V
Includes Start-Up and 2-Hour Resistive Load Bank Test and Training Total for One (1) of the D500 C18 T4F gensets ---------------------------------- $285,762.00 9% Sales Tax on $285,762.00 ----------------------------------------------------------- $25,718.58 Total including Sales Tax --------------------------------------------------------------- $311,480.58 CG800 - 800A - Auto Transfer Switch

TRUONE CG CONTROLLER

OPEN TRANSITION

STANDARD - NO BYPASS
NEMA 3R 800 AMPS
Total for One (1) of the CG800 ATSs ------------------------------------------------ $11,967.00 9% Sales Tax on $47,868.00 ------------------------------------------------------------- $1,077.03 Total including Sales Tax --------------------------------------------------------------- $13,044.03 Foxfab 800A Manual TS for Temp Genset
FFCC-C2-800-FT-U4-G-ALU-LA-AF-AF2-AD2-AG
Consisting Of:
• 5052 Aluminum Construction
• Type 3R Enclosure
Total for One (1) of the 800A MTSs -------------------------------------------------- $18,240.00 9% Sales Tax on $18,240.00 ------------------------------------------------------------- $1,641.60 Total including Sales Tax --------------------------------------------------------------- $19,881.60

ATTACHMENT C
1457

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 2 -
Grand Total
Including 9% Sales Tax for One (1) Diesel
Gensets and ATSs & MTSs -------------------------- $344,406.21 Delivery
Pricing includes freight & delivery. Depending on time of delivery lead-time can change current lead times for Gensets. The 500kW C18 T4F Diesel Powered Genset’s approximate lead time is 21 to 25 weeks, plus freight transit time after the release to order.

ATTACHMENT C
1458

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 1 -
September 16, 2024
Project: Stribley Community Center– Sourcewell Pricing
Quote # ddh091624B – Sourcewell Member’s Account # 26357 Holt of California, Inc is pleased to present the following quotation:

D500 C18 T4F – 500kW – Diesel Powered Genset
EPA/CARB TIER 4 FINAL EMISSIONS CERTIFIED
60 Hz, 500kW STANDBY - 480V
Includes Start-Up and 2-Hour Resistive Load Bank Test and Training Total for One (1) of the D500 C18 T4F gensets ---------------------------------- $285,762.00 9% Sales Tax on $285,762.00 ----------------------------------------------------------- $25,718.58 Total including Sales Tax --------------------------------------------------------------- $311,480.58 CG800 - 800A - Auto Transfer Switch

TRUONE CG CONTROLLER

OPEN TRANSITION

STANDARD - NO BYPASS
NEMA 3R 800 AMPS
Total for One (1) of the CG800 ATSs ------------------------------------------------ $11,967.00 9% Sales Tax on $47,868.00 ------------------------------------------------------------- $1,077.03 Total including Sales Tax ---------------------------------------------------------------- 13,044.03 Foxfab 800A Manual TS for Temp Genset
FFCC-C2-800-FT-U4-G-ALU-LA-AF-AF2-AD2-AG
Consisting Of:
• 5052 Aluminum Construction
• Type 3R Enclosure
Total for One (1) of the 800A MTSs -------------------------------------------------- $18,240.00 9% Sales Tax on $18,240.00 ------------------------------------------------------------- $1,641.60 Total including Sales Tax --------------------------------------------------------------- $19,881.60

ATTACHMENT D
1459

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 2 -
Grand Total
Including 9% Sales Tax for One (1) Diesel
Gensets and ATSs & MTSs -------------------------- $344,406.21 Delivery
Pricing includes freight & delivery. Depending on time of delivery lead-time can change current lead times for Gensets. The 500kW C18 T4F Diesel Powered Genset’s approximate lead time is 21 to 25 weeks, plus freight transit time after the release to order.

ATTACHMENT D
1460
Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 1 -
October 25, 2024
Project: New City Hall – Sourcewell Pricing Quote #
ddh081324B – Sourcewell Member’s Account # 26357
Holt of California, Inc is pleased to present the following quotation:

D500 C18 T4F – 500kW – Diesel Powered Genset ---------------- $285,762.00 (Each) EPA/CARB TIER 4 FINAL EMISSIONS CERTIFIED
60 Hz, 500kW STANDBY - 480V
Includes Start-Up and 2-Hour Resistive Load Bank Test and Training Total for Four (4) of the D500 C18 T4F gensets ----------------------------- $1,143,048.00 9% Sales Tax on $1,143,048.00 ----------------------------------------------------- $102,874.32 Total including Sales Tax ----------------------------------------------------------- $1,245,922.32 CG800 - 800A - Auto Transfer Switch -------------------------------------- $11,967.00 (Each)

TRUONE CG CONTROLLER

OPEN TRANSITION

STANDARD - NO BYPASS
NEMA 3R 800 AMPS
Total for Four (4) of the CG800 ATSs ------------------------------------------------- $47,868.00 9% Sales Tax on $47,868.00 -------------------------------------------------------------- $4,308.12 Total including Sales Tax ----------------------------------------------------------------- $52,176.12 Foxfab 800A Manual TS for Temp Genset -------------------------------- $18,240.00 (Each) FFCC-C2-800-FT-U4-G-ALU-LA-AF-AF2-AD2-AG
Consisting Of:
• 5052 Aluminum Construction
• Type 3R Enclosure
Total for Four (4) of the 800A MTSs -------------------------------------------------- $72,960.00 9% Sales Tax on $72,960.00 -------------------------------------------------------------- $6,566.40 Total including Sales Tax ---------------------------------------------------------------- $79,526.40

ATTACHMENT E
1461

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 2 -
Grand Total
Including 9% Sales Tax for four (4) Diesel
Gensets and ATSs & MTSs ------------ $1,377,624.84
Delivery
Pricing includes freight & delivery. Depending on time of delivery lead-time can change current lead times for Gensets. The 500kW C18 T4F Diesel Powered Genset’s approximate lead time is 21 to 25 weeks, plus freight transit time after the release to order.

Exception and Clarification:

This quote is based on verbal specifications with the following exceptions/clarifications.

Note: The material listed in this quotation is our interpretation of the system requirements. We do not guarantee quantities, descriptions, etc. other than those shown. This quotation and Accompanying Bill of Material is to be considered as one entity. Any item not included in the Bill of Material is hereby excluded from our offer.

Any deviations or additions will be subject to a revised quotation and may result in additional charges.

Equipment Quoted:

Holt of California is offering Caterpillar’s standard product that meets of the performance intent of the specification. However, we take general exception to any components or brands which are proprietary to any specific brand or are not part of our standard product and do not enhance the equipment's ability to perform its function or meet the applicable codes for this project.

All Diesel Fuel and DEF, including fuel required for initial start and test and refill after testing, will be supplied by others - not Holt of California.

Gas supply to generator set will be supplied by others - not Holt of California. This includes proper fuel pipe sizing and pressure. Check with Holt of California for proper fuel system before installation. Holt of California takes no responsibility for proper fuel pipe sizing and installation or proper fuel pressure for starting and running generator set at full load.

No special lugs included in our quotes unless specifically identified on our proposal. You will receive the standard lugs for the provided breakers.

ATTACHMENT E
1462

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 3 -
Load-bank testing is quoted at ground level within 100 feet of generator set connection point. Any additional distance or equipment to accommodate accessibility for load-bank testing will be at an additional price.

SUBMITTALS: Submittal drawings will be available approximately 2 to 4 weeks after receipt of purchase order.

One (1) copy of factory standard, operations and maintenance manuals.

This quote is valid for 30 days, and the following are not included, installation (including genset concrete pad design/engineering or anchoring calculations), wiring, fuel, permitting, or permitting fees including AQMD permits. FOB Job Site, unloading and placement by others. Holt of California, Inc is a material supplier, and is exempt from any contractor requirements. The engine quoted is emissions rated, but the owner/contractor is advised to inquire with the local air quality authority regarding any specific requirements for aftermarket products not included with bill of materials.

WITH APPROVED CREDIT, TERMS OF PAYMENT ARE NET (30) DAYS FROM INVOICE DATE. CUSTOMER SHALL PAY A LATE CHARGE OF 1.5% PER MONTH OF ALL AMOUNTS PAST DUE. THE PLACE OF PAYMENT IS P.O. BOX 100001, SACRAMENTO, CALIFORNIA 95813.

CREDIT: Subject to approval.

CANCELLATION POLICY: Rates for change orders and / or cancellations will be consistent with those of Caterpillar, Inc. at time of order.

Thank you for this opportunity to quote CATERPILLAR products. Please call if we may answer any questions, or be of further service.

Sincerely,
By
Dave Harris
Sales Engineer
Power Systems Division
916-373-4183 o
916-826-3148 c
916-373-4146 f
[email protected]

ATTACHMENT E
1463

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 4 -

1. PARTIES. This Sale Order/Quotation (“Agreement”) is made by and between Holt of California or Holt Rental Services dba The CAT Rental Store as seller (“Holt”) and Customer described on the front of this Agreement as buyer and is effective when signed by Holt and Customer. This Agreement may be executed and delivered by facsimile.

2. SALE OF GOODS. Seller shall transfer and deliver to Customer, and Customer shall pay for and accept, the material and equipment described on the front of this Agreement (“Goods”). The time of delivery of the Goods shall be on or about the Estimated Delivery Date, provided that Holt may change the Estimated Delivery Date without Customer’s consent, and Holt shall not be liable for delays in delivery of the Goods. The place of delivery shall be Holt’s place of business. Risk of loss shall pass to Customer upon delivery of the Goods to Customer or to Customer’s shipper.

3. INSPECTION. Customer shall have the right to inspect the Goods at the time and place of delivery before paying for or accepting them. Upon Customer’s acceptance of the Goods, Customer shall be conclusively presumed to be satisfied with the condition and conformance of the Goods.

4. WAIVER/AMENDMENTS. The failure by Holt to enforce any provision hereof shall not constitute a waiver by Holt of such provisions, nor of any subsequent breach of the same, nor of any other provision hereof. This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements or understandings of the parties. No amendment shall be binding unless in writing and signed by the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. No agent, employee or representative of Holt has the authority to bind Holt to any representation or warranty regarding the Goods that is not contained in this Agreement.

5. LIMITATION OF ACTIONS. Any action for breach of this Agreement must be commenced within one year after the facts giving rise to the cause of action. Customer waives the right to a trial by jury.

6. ASSIGNMENT. This Agreement may be assigned by Holt to a third party without the prior consent of Customer.

7. ATTORNEY’S FEES. In any litigation, arbitration or other proceeding by which one party seeks to enforce its rights under this Agreement (whether in contract, tort, or both), the prevailing party shall be awarded reasonable attorney’s fees, costs, and expert witness fees.

8. VENUE. Any dispute that arises between the parties shall be resolved in the Superior Court of California, County of Sacramento or County of San Joaquin, California.

9. CALIFORNIA LAW. This Agreement, and any dispute between the parties, shall be governed by California law. If any provision of this Agreement is held to be invalid in whole or in part, the validity of the remaining provisions shall not be affected.

10. INDEMNITY. Customer shall take all necessary precautions regarding the Goods and protect all persons and property from injury or damage. CUSTOMER SHALL INDEMNIFY AND HOLD HOLT FREE AND HARMLESS AGAINST ANY AND ALL CLAIMS, LOSS, DAMAGE, LIABILITY, EXPENSE (INCLUDING ATTORNEY’S FEES) AND PENALTY OF ANY KIND OR

NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION INJURIES OR DEATH TO PERSONS AND DAMAGE TO

PROPERTY

ARISING OUT OF THE USE, MAINTENANCE, OPERATION, STORAGE, INSTRUCTION, DELAY (INCLUDING ANY

DELAY IN OR FAILURE OF DELIVERY), SELECTION, PURCHASE, ACCEPTANCE OR REJECTION, OWNERSHIP,

CONDITION, REPAIR OR POSSESSION OF THE GOODS OR ITS HANDLING OR TRANSPORTATION EXCEPT CLAIMS

ARISING THROUGH THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF HOLT, WHETHER ATTRIBUTABLE TO A

DEFECT IN THE GOODS, THE MATERIAL USED THEREIN OR THE DESIGN, MANUFACTURE OR TESTING OF THE

GOODS, REGARDLESS OF WHETHER ANY SUCH DEFECT IS DISCOVERED, OR WHETHER THE GOODS ARE IN POSSESSION OF CUSTOMER OR THE LOCATION OF THE GOODS. CUSTOMER IS FULLY AWARE AND

ACKNOWLEDGES THERE IS A RISK OF INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE GOODS AND HEREBY ELECTS TO VOLUNTARILY ASSUME ALL OF THE ABOVE RISKS OF INJURY OR DAMAGE.

ATTACHMENT E
1464

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 5 -

CUSTOMER AGREES TO RELEASE AND DISCHARGE HOLT FROM ANY AND ALL RESPONSIBILITY OR LIABILITY FROM SUCH INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE GOODS; AND CUSTOMER

FURTHER AGREES TO WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS FOR INJURY OR DAMAGE AGAINST HOLT WHICH CUSTOMER OTHERWISE MAY BE ENTITLED TO ASSERT.

11. DISCLAIMER OF WARRANTIES/WAIVER OF DAMAGES. EXCEPT AS OTHERWISE PROVIDED IN WRITING, NO

WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE OR HAVE BEEN MADE OR AUTHORIZED BY HOLT WITH RESPECT TO THE GOODS AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED BY HOLT.

CUSTOMER ACKNOWLEDGES THAT IF THERE IS A WARRANTY FOR THE GOODS, IT IS PROVIDED BY THE MANUFACTURER AND NOT BY HOLT. Customer acknowledges that it has selected the Goods on the basis of its own judgment and expressly disclaims any reliance upon any statements or representation made by Holt. Holt shall not be responsible to Customer for loss of use of Goods, loss of profits, or any other consequential damages. Holt shall not be liable for failure to deliver the Goods, or for any damages resulting from the selection, installation, operation or use of the Goods. Holt’s liability regarding the Goods and/or this Agreement for any damages, whether arriving in contract, tort, or otherwise, shall be limited to the aggregate price of the Goods paid as of the date of the claim giving rise to the alleged damages.

12. SECURITY INTEREST. Customer hereby grants Holt a security interest in the Goods, including any attachments, accessions, and proceeds, to secure payment of the sales price and performance of Customer’s obligations under this Agreement. Customer authorizes Holt to file such forms and documents as reasonably required by Holt to perfect its security interest, including but not limited to a UCC-1 financing statement with the California Secretary of State’s Office. Holt shall have all of the rights of a secured party pursuant to the California Commercial Code until the Goods are paid in full.

13. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on Customer and its successors and assigns without regard to changes in the form of Customer’s business entity or name or membership.

14. PURCHASE ORDER. Holt shall not be bound by the terms of any purchase order issued by Customer unless signed by Holt. In the event of a conflict between any such purchase order and this Agreement, this Agreement shall control.

TERMS OF PAYMENT ARE NET (10) DAYS FROM INVOICE DATE. CUSTOMER SHALL PAY A LATE CHARGE OF 1.5% PER MONTH OF ALL AMOUNTS PAST DUE.

THE PLACE OF PAYMENT IS P.O. BOX X, SACRAMENTO, CALIFORNIA 95813.

CUSTOMER REPRESENTS AND WARRANTS THAT THE GOODS PURCHASED ARE NOT PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.

DATED:10/25/2024 DATED:

HOLT OF CALIFORNIA CUSTOMER
X X___________________________
By: David D. Harris By:___________________________
Title: Power Systems Sales Engineer Title:_________________________

ATTACHMENT E
1465
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING A COOPERATIVE PURCHASE AGREEMENT AND

TRANSFERRING FUNDS FOR THE PURCHASE OF GENERATORS AND
AUTOMATIC TRANSFER SWITCHES WITH HOUSING – ROUND TWO
On September 14, 2021, by Motion No. 2021-09-14-1501, Council approved the use of $78,052,072.00 in the American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds. The purchase of various equipment, including generators and related equipment, was identified as an eligible expense; and The Public Works Department recommends the replacement purchase of generators and Automatic Transfer Switches (ATS) at Fire Station Nos. 5, 6, 7, 9, 12, 14, and the Police Department Operations Building, along with the additional purchase of one generator and ATS for the Stribley Community Center; and Sourcewell is a public agency based in Minnesota that serves as a municipal contracting agency. The use of these contracts is optional and is available to California State and local government agencies; and
Sourcewell has a contract with Caterpillar, Inc. for preferential pricing of electrical energy power generation equipment with related parts, supplies, and services. The specifications for the equipment available through the Sourcewell contract meet the City’s requirements for their type of equipment; and
The Cooperative Purchase Agreement (COOP) that includes Holt of California and other vendors was established pursuant to a formal competitive bidding process conducted by Sourcewell on behalf of its governmental members, of which the City is one; and
For the purchase of 12 generators and 12 ATS, staff recommends utilizing a Sourcewell contract with Caterpillar, Inc. of Irving, TX, through affiliated vendor Holt of California of Stockton, CA, in the amount of $2,935,635.96; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The City Council approves the transfer of funds in the amount of $338,298.10 from the 1.7 Purchase Fire Apparatus, Project No. WARP101, to the Citywide Generator Replacements, Project No. WARP507.

2. The City Council approves the transfer of funds in the amount of $74,658.12 from the Clean City Initiative, Project No. WARP102, to the Citywide Generator Replacements, Project No. WARP507.
1466

3. The City Council approves the transfer of funds in the amount of $500,000.00 from the Generator Replacements at Fire, Project No. F024024, to the Citywide Generator Replacements, Project No. WARP507.

4. Transfer funds in the amount of $39,645.90 from the Fleet Internal Service Fund Equipment Acquisition Account No. 4530-718-800004-500-000-00-45-000-000 to the Citywide Generator Replacements, Project No. WARP507.

5. The City Council approves the following findings in support of an exception to the competitive bid process pursuant to Stockon Municipal Code section 3.68.070:
a. Sourcewell established a COOP with Caterpillar, Inc. through affiliated vendor Holt of California, which includes the option to purchase generators and equivalent ATS with housing.
b. The Caterpillar, Inc. COOP was established pursuant to a formal competitive bidding process conducted by Sourcewell on behalf of its governmental members, of which the City is one.
c. Taking advantage of the leveraged procurement agreements negotiated by Sourcewell will save the administrative expense of City staff conducting separate procurements.
d. The specifications for the equipment available through the Sourcewell contract meet the City’s requirements for their type of equipment.

6. The City Council approves the use of a COOP through Sourcewell Contract No. 092222-CAT, to provide the City preferential pricing from Caterpillar, Inc. through affiliated vendor Holt of California.

7. The City Council authorizes a contract in the amount of $2,935,635.96 with Caterpillar, Inc. through affiliated vendor Holt of California for the purchase of 12 generators and 12 ATS, a copy of which is attached as Exhibit 1 and is incorporated by this reference.

8. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED November 12, 2024 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
1467
1 (Rev. 9.30.22)

COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:

1. Cooperative/Piggyback
Name:

Sourcewell

2. Contractor: Caterpillar Inc.

3. Cooperative Agency
Agreement Name and
Agreement Number:

Sourcewell, Electrical Energy Power Generation
Equipment, #092222-CAT

4. Cooperative Agency Initial
Agreement Term:

Start Date: December 6, 2022
End Date: November 22, 2026

5. Cooperative Agency’s
Agreement-Options to
extend:

Agreement may be extended for a fifth year.

6. Cooperative Agency
Amended Term:

NA

7. Cooperative Agency
Remaining Options to
Renew:
1 one-year renewal option remaining.

8. City of Stockton
Cooperative Purchase
Agreement Term:

Start Date: Upon Execution
End Date: November 22, 2026

9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:

AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor (“Contractor”), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced Sourcewell, Electrical Energy Power Generation Equipment, #092222-CAT (“COOP”) as such may be amended from time to time. The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreement (“Agreement”).

EXHIBIT 1
Not to Exceed $2,935,635.96
for the term of the Agreement.
1468
2 (Rev. 9.30.22)
Contractor shall grant such pricing, terms, and conditions to City for all procurements of goods and services, whether taking place on a City purchase order, purchasing card (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location.

1. Agreement Term: The Term of this Agreement shall remain in effect from date of the signing of this Agreement through November 22, 2026, unless terminated earlier by the City. If the Cooperative/Piggyback Agency extends the COOP with Contractor by a written amendment, the City has the option to extend the term of this Agreement by written amendment not to go beyond the term stated in the COOP fully executed amendment.

2. Insurance and Hold Harmless: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A, Contractor shall, at Contractor’s sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.

EXHIBIT 1
To the fullest extend permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work hereunder or its failure to comply whit any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in all way be limited by the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.

3. Compensation: City and Contractor do hereby enter into this Agreement for electrical energy power generation equipment available in the above-named COOP and associated documents incorporated herein as Exhibit A and referenced in the attached quote Exhibit C. In no way shall payment of the Contractor during the term of this Agreement exceed $2,935,635.96 the purchases of generators, ATSs, and associated equipment. Any person signing this Agreement on behalf of the City and Contractor does warrants that he or she has full authority to do so.

4. Governing Law: California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.

5. Applicable Law:Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

6. Special Funding: If Special Funding is applicable, Exhibit D - Special Funding Terms and Conditions are incorporated herein.
1469
3 (Rev. 9.30.22)
This Agreement may be amended only by a written amendment, consistent with the COOP, signed by Contractor and City.

CITY OF STOCKTON HOLT OF CA
By: __________________________
Signature
____________________________
Print name
Title: ________________________
[If Contractor is a corporation, signatures must
comply with Corporations Code §313]
By: __________________________
Signature
Harry Black, City Manager
Date:____________________
ATTEST:
____________________________
Katherine Roland CMC, CPMC, City Clerk
APPROVED AS TO FORM:
___________________________
Taryn N. Jones, Assistant City Attorney
__________________________
Print name
Title: _______________________
EXHIBIT 1
1470
4 (Rev. 9.30.22)

EXHIBIT A
EXHIBIT 1
1471

SOURCEWELL

STATE OF MINNESOTA
Member ____________ moved the adoption of the following Resolution:

RESOLUTION TO APPROVE SOLICITATION AND/OR RE-SOLICITATION OF CATEGORIES 7/19/2022
Resolution No. 2022-20
WHEREAS, Sourcewell desires to issue a solicitation, and is seeking permission from the Board to issue a solicitation, for the categories listed on Appendix A, which is attached and incorporated.

WHEREAS, through the Sourcewell Procurement Policy, the Board designated the Chief Procurement Officer to administer Sourcewell’s cooperative purchasing and contracting program; and WHEREAS, the Chief Procurement Officer recommends approval of categories detailed above.

NOW THEREFORE BE IT RESOLVED that the Board of Directors hereby approves the solicitation of categories.

The motion for the adoption of the foregoing resolution was duly seconded by Member ______________ and the following voted in favor: (list names here)
and the following voted against: (list names here or “NONE”) whereupon said resolution was declared duly passed and adopted.

ATTEST: _________________________________ Clerk to the Board of Directors EXHIBIT 1
1472

APPENDIX A

SOURCEWELL PROCUREMENT DEPARTMENT
BOARD ITEMS July 2022
Requesting Board permission to Re Solicit the following categories:

NEW CONTRACTS
Supplier Name Contract Number Solicitation Title
Advanta Health Solutions, Inc. 051922 ADV "Wellness Engagement Program Solutions and Related Services" HealthSource Solutions, LLC 051922 HSS "Wellness Engagement Program Solutions and Related Services" Lifemark Occupational Health and Wellness 051922 LFM "Wellness Engagement Program Solutions and Related Services" Propel, Inc. 051922 PRL "Wellness Engagement Program Solutions and Related Services" Telligen, Inc. 051922 TGN "Wellness Engagement Program Solutions and Related Services" Virgin Pulse, Inc. 051922 VRG "Wellness Engagement Program Solutions and Related Services" WellSpark Health, Inc. 051922 WSH "Wellness Engagement Program Solutions and Related Services"

CONTRACT EXTENSIONS
Supplier Name Contract Number Solicitation Title

NEW IDIQ CONTRACTS
Company Name Contract Number State Region Type of Work
Mans Construction Company NM R1 E 060222 MCO New Mexico Region 1 Electrical Ross Wes Electrical Services NM R1 E 060222 RWE New Mexico Region 1 Electrical Core Construction Services of Texas NM R1 GC 060222 CCT New Mexico Region 1 General Construction Consolidated Builders of NM NM R1 GC 060222 COB New Mexico Region 1 General Construction GM Builders, Inc. NM R1 GC 060222 GMB New Mexico Region 1 General Construction HB Construction, Inc. NM R1 GC 060222 HCO New Mexico Region 1 General Construction Mans Construction Company NM R1 GC 060222 MCO New Mexico Region 1 General Construction Dallago Corporation NM R1 HVAC 060222 DCO New Mexico Region 1 Mechanical/HVAC Dallago Corporation NM R1 P 060222 DCO New Mexico Region 1 Plumbing National Roofing Company, Inc. NM R1 R 040622 NRC New Mexico Region 1 Roofing DKG & Associates, Inc. NM R1 R 060222 DKG New Mexico Region 1 Roofing GM Builders, Inc. NM R1 R 060222 GMB New Mexico Region 1 Roofing Mans Construction Company NM R2 E 060222 MCO New Mexico Region 2 Electrical Ross Wes Electrical Services NM R2 E 060222 RWE New Mexico Region 2 Electrical Core Construction Services of Texas NM R2 GC 060222 CCT New Mexico Region 2 General Construction Consolidated Builders of NM NM R2 GC 060222 COB New Mexico Region 2 General Construction GM Builders, Inc. NM R2 GC 060222 GMB New Mexico Region 2 General Construction HB Construction, Inc. NM R2 GC 060222 HCO New Mexico Region 2 General Construction WWRC, Inc. NM R2 GC 060222 WRI New Mexico Region 2 General Construction WWRC, Inc. NM R2 HVAC 060222 WRI New Mexico Region 2 Mechanical/HVAC WWRC, Inc. NM R2 P 060222 WRI New Mexico Region 2 Plumbing DKG & Associates, Inc. NM R2 R 060222 DKG New Mexico Region 2 Roofing GM Builders, Inc. NM R2 R 060222 GMB New Mexico Region 2 Roofing National Roofing Company, Inc. NM R2 R 060222 NRC New Mexico Region 2 Roofing WWRC, Inc. NM R2 R 060222 WRI New Mexico Region 2 Roofing Mans Construction Company NM R3 E 060222 MCO New Mexico Region 3 Electrical Consolidated Builders of NM NM R3 GC 060222 COB New Mexico Region 3 General Construction Jim Sena Construction Co., Inc. NM R3 GC 060222 JSC New Mexico Region 3 General Construction Junior Builders NM R3 GC 060222 JUB New Mexico Region 3 General Construction Trailers with Related Equipment, Accessories, and Services Conducted Energy Weapons
Requesting Board permission to Solicit the following categories:

Electrical Energy Power Generation with Related Services EXHIBIT 1
BOARD ITEMS July 2022
Electrical Energy Power Generation with Related Services 1473
APPENDIX A Continued
WWRC, Inc. NM R3 HVAC 060222 WRI New Mexico Region 3 Mechanical/HVAC Junior Builders NM R3 P 060222 JUB New Mexico Region 3 Plumbing WWRC, Inc. NM R3 P 060222 WRI New Mexico Region 3 Plumbing GM Builders, Inc. NM R3 R 060222 GMB New Mexico Region 3 Roofing Jim Sena Construction Co., Inc. NM R3 R 060222 JSC New Mexico Region 3 Roofing WWRC, Inc. NM R3 R 060222 WRI New Mexico Region 3 Roofing Mans Construction Company NM R4 E 060222 MCO New Mexico Region 4 Electrical Consolidated Builders of NM NM R4 GC 060222 COB New Mexico Region 4 General Construction Jim Sena Construction Co., Inc. NM R4 GC 060222 JSC New Mexico Region 4 General Construction Junior Builders NM R4 GC 060222 JUB New Mexico Region 4 General Construction National Construction, Inc. NM R4 GC 060222 NCI New Mexico Region 4 General Construction WWRC, Inc. NM R4 GC 060222 WRI New Mexico Region 4 General Construction WWRC, Inc. NM R4 HVAC 060222 WRI New Mexico Region 4 Mechanical/HVAC Junior Builders NM R4 P 060222 JUB New Mexico Region 4 Plumbing Master Plumbers, LLC NM R4 P 060222 MAP New Mexico Region 4 Plumbing WWRC, Inc. NM R4 P 060222 WRI New Mexico Region 4 Plumbing DKG & Associates, Inc. NM R4 R 060222 DKG New Mexico Region 4 Roofing GM Builders, Inc. NM R4 R 060222 GMB New Mexico Region 4 Roofing Jim Sena Construction Co., Inc. NM R4 R 060222 JSC New Mexico Region 4 Roofing Mans Construction Company NM R4 R 060222 MCO New Mexico Region 4 Roofing WWRC, Inc. NM R4 R 060222 WRI New Mexico Region 4 Roofing Mans Construction Company NM R5 E 060222 MCO New Mexico Region 5 Electircal Ross Wes Electrical Services NM R5 E 060222 RWE New Mexico Region 5 Electircal Core Construction Services of Texas NM R5 GC 060222 CCT New Mexico Region 5 General Construction Consolidated Builders of NM NM R5 GC 060222 COB New Mexico Region 5 General Construction GM Builders, Inc. NM R5 GC 060222 GMB New Mexico Region 5 General Construction HB Construction, Inc. NM R5 GC 060222 HCO New Mexico Region 5 General Construction White Sands Construction, Inc. NM R5 GC 060222 WSC New Mexico Region 5 General Construction DKG & Associates, Inc. NM R5 R 060222 DKG New Mexico Region 5 Roofing GM Builders, Inc. NM R5 R 060222 GMB New Mexico Region 5 Roofing Mans Construction Company NM R5 R 060222 MCO New Mexico Region 5 Roofing National Roofing Company, Inc. NM R5 R 060222 NRC New Mexico Region 5 Roofing Smith Roofing, Inc. NM R5 R 060222 SMR New Mexico Region 5 Roofing IDIQ Contract Extensions
Company Name Contract Number Place Services, Inc. KY E GC01 062420 PLS The Lusk Group KY E RW01 062420 LMC
Calhoun Construction Services KY NC GC02 062420 CAC
The Lusk Group KY W E02 062420 LMC
Tecta America Corp. KY W RW02 062420 TEA
Place Services, Inc. KY NC GC03 062420 PLS
Place Services, Inc. KY NC E01 062420 PLS
The Lusk Group KY NC RW01 062420 LMC
The Lusk Group KY NC E02 062420 LMC
The Lusk Group KY W RW01 062420 LMC
Tecta America Corp. KY NC RW02 062420 TEA
Tecta America Corp. KY E RW02 062420 TEA
Triton Services, Inc. KY NC HVAC01 062420 TRS
The Lusk Group KY W GC03 062420 LMC
The Lusk Group KY E HVAC01 062420 LMC
The Lusk Group KY E E02 062420 LMC
The Lusk Group KY NC GC05 062420 LMC
The Lusk Group KY E GC03 062420 LMC
Place Services, Inc. KY W E01 062420 PLS
Place Services, Inc. KY W GC01 062420 PLS
Place Services, Inc. KY E E01 062420 PLS
Triton Services, Inc. KY NC GC01 062420 TRS
The Lusk Group KY W HVAC01 062420 LMC
F.H. Paschen, S.N. Nielsen & Associates, LLC KY NC GC04 062420 FHP F.H. Paschen, S.N. Nielsen & Associates, LLC KY W GC02 062420 FHP F.H. Paschen, S.N. Nielsen & Associates, LLC KY E GC02 062420 FHP The Lusk Group KY NC HVAC02 062420 LMC
EXHIBIT 1
1474

SOURCEWELL

STATE OF MINNESOTA
Member ____________ moved the adoption of the following Resolution:

RESOLUTION TO RATIFY COOPERATIVE CONTRACTING AWARDS
12/20/2022
Resolution No. 2022-34
WHEREAS, the Sourcewell Board of Directors previously authorized the solicitations for the cooperative categories listed on Appendix A, which is attached and incorporated; and WHEREAS, Sourcewell issued the cooperative contracting solicitations for the authorized categories; and WHEREAS, through the Sourcewell Procurement Policy, the Board designated the Chief Procurement Officer to administer Sourcewell’s cooperative purchasing and contracting program and to award all competitively solicited contracts, without limitation; and
WHEREAS, the Chief Procurement Officer made the awards listed based on the results of the competitive solicitation process; and
WHEREAS, the Board acknowledges that the awards made by the Chief Procurement Officer are valid and binding; however, based upon some members’ legal requirements the Chief Procurement Official is required to seek subsequent Board ratification of all cooperative purchasing awards.

NOW THEREFORE BE IT RESOLVED by the Board of Directors ratifies the cooperative contracting awards made by the Chief Procurement Officer listed on Appendix A.

The motion for the adoption of the foregoing resolution was duly seconded by Member______________ and the following voted in favor: (list names here)
and the following voted against: (list names here or “NONE”) whereupon said resolution was declared duly passed and adopted.

ATTEST: _________________________________ Clerk to the Board of Directors EXHIBIT 1
1475

APPENDIX A

SOURCEWELL PROCUREMENT DEPARTMENT
BOARD ITEMS Decemberr 2022
NONE
Requesting Board permission to Re Solicit the following categories:

NEW CONTRACTS
Supplier Name Contract Number Solicitation Title
Axon Enterprise, Inc. 092722 AXN "Conducted Energy Weapons" Phazzer, LLC 092722 PZR "Conducted Energy Weapons" Caterpillar, Inc. 092222 CAT "Electrical Energy Power Generation Equipment with Related Parts, Supplies and Services"
Cummins, Inc. 092222 CMM
"Electrical Energy Power Generation Equipment with Related Parts, Supplies and Services"
Generac Power Systems 092222 GNR
"Electrical Energy Power Generation Equipment with Related Parts, Supplies and Services"
Kohler Company 092222 KOH
"Electrical Energy Power Generation Equipment with Related Parts, Supplies and Services"
MTU Americas dba Rolls Royce Solutions America, Inc. 092222 RYC "Electrical Energy Power Generation Equipment with Related Parts, Supplies and Services"

CONTRACT EXTENSIONS
Supplier Name Contract Number Solicitation Title
Company Name Contract Number State Region Type of Work
Ernst & Young Advisors 101718 EYG "Wireless Technology Infrastructure Consultative Services" W.W. Grainger, Inc. 121218 WWG "Facility MRO, Industrial & Building Supplies with Related Equipment, Accessories, Supplies & Services"
CNH Industrial 032119 CNH
"Heavy Construction Equipment with Related Accessories, Attachments, and Supplies"
Hyundai Construction Equipment 032119 HCE
"Heavy Construction Equipment with Related Accessories, Attachments, and Supplies"
Komatsu America Corp. 032119 KOM
"Heavy Construction Equipment with Related Accessories, Attachments, and Supplies"
Volvo, LLC 032119 VCE
"Heavy Construction Equipment with Related Accessories, Attachments, and Supplies"
SHI International Corp. 081419 SHI "Technology Catalog Solutions" CDW Government, LLC 081419 CDW "Technology Catalog Solutions" GovConnection, Inc. 081419 GVC "Technology Catalog Solutions" Colonial Life & Accident Insurance 100319 CLA "Group Employee Benefits and Related Services" National Cooperative Leasing 011620 NCL "Tax Exempt Municipal Leasing with Related Services" Staples Contract & Commercial 012320 SCC "Office Supply Catalog Solutions"

NEW IDIQ CONTRACTS
IDIQ Contract Extensions
Company Name Contract Number Lee Construction and Maintenance Company TX NT EC 101619 LCM Recycling and Repurposing Equipment
Salt, Brine, and Anti Icing or De Icing Agents, and Brine Production and Storage Systems Employee Financial Wellness Programming and Related Employer Sponsored Financial Solutions Requesting Board permission to Solicit the following categories:

Scoreboards, Digital Displays, and Video Boards with Related Services EXHIBIT 1
BOARD ITEMS Decemberr 2022
"Electrical Energy Power Generation Equipment with Related Caterpillar, Inc. 092222 CAT Parts, Supplies and Services" "Electrical Energy Power Generation Equipment with Related Cummins, Inc. 092222 CMM Parts, Supplies and Services"
"Electrical Energy Power Generation Equipment with Related Generac Power Systems 092222 GNR Parts, Supplies and Services" "Electrical Energy Power Generation Equipment with Related Kohler Company 092222 KOH Parts, Supplies and Services" "Electrical Energy Power Generation Equipment with Related MTU Americas dba Rolls Royce Solutions America, Inc. 092222 RYC Parts, Supplies and Services" 1476
APPENDIX A Continued
G2 General Contractors TX NT APC 101619 GGC
G2 General Contractors TX NT P 101619 GGC
G2 General Contractors TX NT W 101619 GGC
Centennial Contractors Enterprises, Inc. TX NT GC 101619 CCE Gomez Floor Covering, Inc. dba GFC Contracting TX NT F 101619 GFC Dallas Harmony Construction, LLC TX NT APC 101619 DHC
CORE Construction Services of Texas, Inc. TX NT APC 101619 CCT CORE Construction Services of Texas, Inc. TX NT P 101619 CCT Lee Construction and Maintenance Company TX NT P 101619 LCM Gomez Floor Covering, Inc. dba GFC Contracting TX NT P 101619 GFC Lee Construction and Maintenance Company TX NT GC 101619 LCM WR Construction, Inc. TX PH GC 101619 WRC
CORE Construction Services of Texas, Inc. TX PH GC 101619 CCT CORE Construction Services of Texas, Inc. TX PH APC 101619 CCT CORE Construction Services of Texas, Inc. TX PH P 101619 CCT Tri State General Contracting Group, Inc. TX PH GC 101619 JRT G2 General Contractors TX NT GC 101619 GGC
G2 General Contractors TX NT RC 101619 GGC
Dallas Harmony Construction, LLC TX NT GC 101619 DHC
Dallas Harmony Construction, LLC TX NT P 101619 DHC
Dallas Harmony Construction, LLC TX NT F 101619 DHC
Freedom Construction a series of tFg Companies, LLC TX NT GC 101619 FRC Teinert Construction TX PH GC 101619 TCB
SDB, Inc. TX PH GC 101619 SDB
Lee Construction and Maintenance Company TX NT F 101619 LCM Teinert Construction TX NT GC 101619 TCB
CORE Construction Services of Texas, Inc. TX NT GC 101619 CCT Henthorn Commercial Construction, LLC TX NT GC 101619 HCL CORE Construction Services of Texas, Inc. TX PH F 101619 CCT F.H. Paschen, S.N. Nielsen & Associates, LLC TX NT GC 101619 FHP SDB, Inc. TX NT GC 101619 SDB
CORE Construction Services of Texas, Inc. TX NT F 101619 CCT F.H. Paschen, S.N. Nielsen & Associates, LLC TX PH GC 101619 FHP Nouveau Construction and Technology Services, LP TX NT GC 101619 NCT Henthorn Commercial Construction, LLC TX PH GC 101619 HCL Julius Kaaz Construction Company, Inc. MO KC P01 111319 JKC Straub Construction Company, Inc. KS E GC01 111319 STC
BKM Construction, LLC MO KC GC02 111319 BKM
Straub Construction Company, Inc. MO KC GC04 111319 STC RoofConnect Logistics, Inc. KS E R02 111319 RCL
RoofConnect Logistics, Inc. MO KC R02 111319 RCL
Julius Kaaz Construction Company, Inc. MO KC GC01 111319 JKC MTS Contracting, Inc. MO KC GC03 111319 MTS
BKM Construction, LLC KS W GC01 111319 BKM
RoofConnect Logistics, Inc. KS W R02 111319 RCL
Platinum Roofing, Inc. KS E R01 111319 PLR
Platinum Roofing, Inc. KS W R01 111319 PLR
MTS Contracting, Inc. KS E GC03 111319 MTS
Platinum Roofing, Inc. MO KC R01 111319 PLR
BKM Construction, LLC KS E GC02 111319 BKM
EXHIBIT 1
1477
All Discounts listed are for "Standby Ratings only unless otherwise stated".

NOTE: Due to global supply chain cost increases:

1. All new generators are subject to a commodity surcharge of up to 20%.

List Price Discount
C2.2, 60 HZ, 40 - 60 kW Diesel (Reference the "PSNA-EPG-F_C2.2PGABR" Caterpillar Price List) D20 - 20 kW 19%
D25 - 25 kW 19%
D30 - 30 kW 19%
C4.4, 60 HZ, 40 - 60 kW Diesel (Reference the "PSNA-EPG-F_C4.4LCABR" Caterpillar Price List) D40 - 40 kW 31%
D50 - 50 kW 31%
D60 - 60 kW 31%
C4.4, 60 HZ, 80 - 100 kW Diesel (Reference the "PSNA-EPG-F_C4.4PGABR" Caterpillar Price List) D80 - 80 kW 31%
D100 - 100 kW 31%
C4.4 GC, 60 HZ, 200 - 300 kW Diesel (Reference the "C4.4 GCABR" Caterpillar Price List) D40 - 40 kW 31%
D50 - 50 kW 31%
D60 - 60 kW 31%
D80 - 80 kW 31%
D100 - 100 kW 31%
C7.1, 60 HZ, 125 - 200 kW Diesel (Reference the "PSNA-EPG-F_C7.1PGABR" Caterpillar Price List) D125 - 125 kW 35%
D150 - 150 kW 35%
D175 - 175 kW 35%
D200 - 200 kW 35%
C7.1 GC, 60 HZ, 200 - 300 kW Diesel (Reference the "C9 GCABR" Caterpillar Price List) D125 - 125 kW 31%
D150 - 150 kW 31%
D175 - 175 kW 31%
D200 - 200 kW 31%
C9, 60 HZ, 200 - 300 kW Diesel (Reference the "PSNA-EPG-F_C9PGAM" Caterpillar Price List) 200 kW 33%
250 kW 37%
300 kW 37%
C9 GC, 60 HZ, 200 - 300 kW Diesel (Reference the "C9 GCABR" Caterpillar Price List) 250 kW 31%
300 kW 31%
C13, 60 HZ, 350 - 400 kW Diesel (Reference the "PSNA-EPG-F_C13PGAM" Caterpillar Price List) 350 kW 37%
400 kW 37%
C13 GC, 60 HZ, 350 - 400 kW Diesel (Reference the "C13 GCABR" & "C13 GCAM" Caterpillar Price List) 350 kW 31%
400 kW 31%
C15, 60 HZ, 350 - 500 kW Diesel (Reference the "PSNA-EPG-F_C15PGAM" Caterpillar Price List) 350 kW 37%
400 kW 37%
450 kW 37%
500 kW 37%
C15 GC, 60 HZ, 350 - 500 kW Diesel (Reference the "C15 GCABR" & "C15 GCAM" Caterpillar Price List) 350 kW 31%
400 kW 31%
450 kW 31%
500 kW 31%
C18, 60 HZ, 550 - 750 kW Diesel (Reference the "PSNA-EPG-F_C18PGAM" Caterpillar Price List) 550 kW 37%
600 kW 37%
650 kW 33%
700 kW 33%
750 kW 33%
Caterpillar Sourcewell Member Discounts
Stationary Diesel
#Caterpillar: Confidential Green
EXHIBIT 1
1478
C18 GC, 60 HZ, 550 - 600 kW Diesel (Reference the "C18 GCAM" Caterpillar Price List) 550 kW 31%
600 kW 31%
C18, 60 HZ, EPA Tier 4f, - 455 KW Diesel (Reference the "PSNA-EPG-F_C18PKAM" Caterpillar Price List) 455 kW Prime Power 20%
500 kW 20%
C27, 60 HZ, 750 - 800 kW Diesel (Reference the "PSNA-EPG-F_C27PGBG" Caterpillar Price List) 750 kW 32%
800 kW 32%
C32, 60 HZ, 1000 - 1250 kW Diesel (Reference the "PSNA-EPG-F_C32PGDG" Caterpillar Price List) 1000 kW 33%
1250 kW 34%
C27 GC, 60 HZ, 800 kW Diesel (Reference the "V12 GCAG" Caterpillar Price List) D800 - 800 kW 31%
C32 GC, 60 HZ, 1000-1250 kW Diesel (Reference the "V12 GCAG" Caterpillar Price List) D1000 - 1000 kW 31%
D1250 - 1250 kW 31%
3512C, 60 HZ, 1500 - 1750 kW Diesel
(EPA Tier 2 & CARB Emissions Certified (Nonroad); EPA Tier 2 Emissions Certified for Stationary Use) (Reference the "PSNA-EPG-F_3512PGFL" Caterpillar Price List) 1500 kW 36%
1750 kW 34%
3516C/3516E, 60 HZ, 2000 - 3000 kW Diesel
(EPA Tier 2 & CARB Emissions Certified (Nonroad); EPA Tier 2 Emissions Certified for Stationary Use) (Reference the "PSNA-EPG-F_3516PGFL" Caterpillar Price List) 2000 kW 40%
2500 kW 36%
2750 kW 33%
3000 kW 33%
3516C-HD, 60 HZ, 2000 - 2500 kW Diesel (EPA Tier 4)
(Reference the "PSNA-EPG-F_3516PGFL" Caterpillar Price List) 2000 kW 19%
2500 kW 19%
C175-16, 60 HZ, 3000 kW Diesel (EPA Tier 2 for Mobile and Stationary Use) (Reference the "C175-PGAL" Caterpillar Price List)
3000 kW 29%
C175-16 T4F, 60 HZ, 3000 kW Diesel (EPA Tier 4)
(Reference the "C175-PGAL" Caterpillar Price List)
3000 kW 19%
C175-20, 60 HZ, 4000 kW Diesel (EPA Tier 2 for Mobile and Stationary Use) (Reference the "C175-PGAL" Caterpillar Price List)
4000 kW 24%
50 - 60 kW Caterpillar Natural Gas (Reference the "PSNA-EPG-F_G80PGAM" Caterpillar Price List) DG50 - 80 kW 31%
100 - 200 kW Caterpillar Natural Gas (Reference the "PSNA-EPG-F_G200PGABR" Caterpillar Price List) DG100 - 200 kW 19%
100 - 150 kW Caterpillar Natural Gas (Reference the "PSNA-EPG-F_G150PGAM" Caterpillar Price List) DG100 - 150 kW 35%
175 - 300 kW Olympian Natural Gas (Reference the "PSNA-EPG-F_GASOLYGN" Caterpillar Price List) 175 - 300 kW Caterpillar Natural Gas (Reference the "PSNA-EPG-F-G14.2 PGAN" Caterpillar Price List) DG175 - 175 kW 26%
350 - 450 kW Caterpillar Natural Gas (Reference the "PSNA-EPG-F-G21.9 PGAM" Caterpillar Price List) DG350 - 350 kW 26%
DG400 - 400 kW 26%
DG450 - 450 kW 26%
CG18, 60 Hz, 350 - 500 kW Caterpillar Natural Gas (Reference the "PSNA-EPG-F-CG18 PGAM" Caterpillar Price List) Stationary Natural Gas (Select LP Vapor Options with Derates) #Caterpillar: Confidential Green
EXHIBIT 1
1479
DG350 - 350 kW 23%
DG400 - 400 kW 23%
DG450 - 450 kW 23%
DG500 - 500 kW 23%
G3412, 60 HZ, 375 - 500 kW Natural Gas (Reference the "PSNA-EPG-F_G3412NPG/NGG" Caterpillar Price List) 375 kW 22%
450 kW 20%
500 kW 22%
G3512 60 HZ, 750 - 1000 kW Natural Gas (Reference the "PSNA-EPG-F_G3512NPL" Caterpillar Price List) 750 kW 22%
1000 kW 22%
G3512 60 HZ, 1500kW Natural Gas G3512 HNL
1500kw 20%
G3516 NQL
1500kw 22%
G3516 60 HZ, 750 - 1000 kW Natural Gas, Landfill Gas, & Biogas (Ratings Depend on Selection) (Reference the "PSNA-EPG-F_G3516BNPL" Caterpillar Price List) Removed 18%
G3516C 60 HZ, 1500 kW Natural Gas
(Reference the "PSNA-EPG-F_G3516CNPL" Caterpillar Price List) 1500 kW 22%
G3516A 60HZ (Reference the "PSNA-EPG-F_G3516ANQL" Caterpillar Price List) All 20%
G3516H 60 HZ, 1966 kW Natural Gas (Reference the "PSNA-EPG-F_G3516HNPL" Caterpillar Price List) 1966 kW 20%
G3520H 60 HZ, 2469 kW Natural Gas
(Reference the "PSNA-EPG-F_G3520HNPL" Caterpillar Price List) 2469 kW 20%
G3520 Fast Start 60 HZ, 2.0 - 2.6 MW Natural Gas
(Reference the "PSNA-EPG-F_G3520NPL" Caterpillar Price List) 22%

2.0 - 2.6 MW
G3520C 60 HZ, Natural Gas G3520CLGL and G3520CLPL 20%
ALL
G3520H 60 HZ, Natural Gas G3520HNPL 20%
ALL
CHP Solutions Packages HPS1500N, HPS2000N, HPS2500N

1.4 - 2.5 MW 20%
G3520C 60 HZ, 1600 - 2055 kW Natural Gas
(Reference the "PSNA-EPG-F_G3520CNPL" Caterpillar Price List) Removed 20%
20%
CG132, CG170, CG260 (custom)
Due to the customization and plethora of options, it is not feasible to provide a paper price list for these specific generator sets.

Each quote is custom for the specific application.

However, members will receive a 15% discount off of the configured list price from each member’s local dealer.

XQ35, 60 HZ, 35 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ35BM" Caterpillar Price List) 27 kW Prime Power 21%
30 kW 21%
XQ60, 60 HZ, 59 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ60BM" Caterpillar Price List) 48 kW Prime Power *Temporarily Discontinued 21%
XQ125, 60 HZ, 125 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) Mobile Diesel (With Trailers)
15%
#Caterpillar: Confidential Green
EXHIBIT 1
1480
(Reference the "PSNA-EPG-F_XQ125BM" Caterpillar Price List) 100 kW Prime Power *Temporarily Discontinued 21%
110 kW *Temporarily Discontinued 21%
XQ230, 60 HZ, 230 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ230BM" Caterpillar Price List) 182 kW Prime Power 21%
200 kW Prime Power 21%
XQ330, 60 HZ, 330 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ425BM" Caterpillar Price List) 264 kW Prime Power 21%
288 kW Prime Power 21%
XQ425, 60 HZ, 425 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ425BM" Caterpillar Price List) 340 kW Prime Power 21%
XQ570, 60 HZ, 570 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ570BG" Caterpillar Price List) 455 kW Prime Power 21%
XQ1140, 60 HZ, 1140 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ1140BG" Caterpillar Price List) 910 kW Prime Power 21%
XQ2280, 60 HZ, 2280 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ1140BG" Caterpillar Price List) 1825 kW Prime Power 21%
Switchgear (customizable) 12%
Epic (Reference the "PSNA-EPG-F_CATEPICG" Price List)
Epic - Master Control Panel 10%
Epic - Generator Control Panel 10%
Epic - Utility Control Panel 10%
Supervisory Contol Panel (Reference the "PSNA-EPG-F_CATSCPN" Price List) EMCP 4.4 SCP 10%
Hybrid Products (Reference the "PSNA-EPG-F_CATSCPN" Price List) All Hybrid Products 22%
XES01AN 21%
ATS (AUTOMATIC TRANSFER SWITCHES) (Reference the "ATS 2022" Price List) 235 ATS's Available 20%
Energy Stoarge System
Due to the customization and plethora of options, it is not feasible to provide a paper price list for Cat switchgear.

However, members will receive a 12% discount off of the configured list price from each member’s local dealer.

Control Panels, Switchgear, Automatic Transfer Switches #Caterpillar: Confidential Green
EXHIBIT 1
1481
Sourced Goods & Support Service Provided
Electrical Energy Power Generation with Related Parts, Supplies, and Services.

Extended Service Contracts 5% off list price / typical sale price if no list price is available Maintenance Agreements 5% off list price / typical sale price if no list price is available Installation 5% off list price / typical sale price if no list price is available Custom Fuel Tank 5% off list price / typical sale price if no list price is available Custom ATS 5% off list price / typical sale price if no list price is available General Contracting Labor 5% off list price / typical sale price if no list price is available Dealer Labor 5% off list price / typical sale price if no list price is available Additional/Custom Parts 5% off list price / typical sale price if no list price is available Caterpillar Sourced Goods & Support Services Multiplier Sourcewell Member Pricing
Custom Shop Work 5% off list price / typical sale price if no list price is available Custom Enclosure 5% off list price / typical sale price if no list price is available Delivery/Freight 5% off list price / typical sale price if no list price is available Training 5% off list price / typical sale price if no list price is available Engineering Services 5% off list price / typical sale price if no list price is available #Caterpillar: Confidential Green
EXHIBIT 1
1482
Caterpillar Used Equipment Multiplier
Every used product will receive the new product family member discount plus at least a 10% discount Electrical Energy Power Generation with Related Parts, Supplies, and Services. #Caterpillar: Confidential Green
EXHIBIT 1
1483
Sourced Good or Support Service Provided
Electrical Energy Power Generation with Related Parts, Supplies, and Services.

Caterpillar Rental Agreements Product & Services Multiplier Sourcewell Member Pricing
Rental Agreements 10% off dealer list price
#Caterpillar: Confidential Green
EXHIBIT 1
1484
Product Name and Product Description Unit of
Issue Ancilliary
Items (Sold
Separately)
Microgrid Solution Commercial List Price Power Analytics Cyber- Secure Network List Price Add (Optional) 40 FT ISO Container List Price Add (Optional) Quantity of BDPs Quantity of 20 Foot Containe
rs Grand Total Commercial List Price with Sourcewell Discount Applied (Incl Optional
Items) Sourcewell Member List Price Discount PV Panel (Solar Panels) Time Shift - 60 Hz ES 1.5 MW-hr, 1x 20', Energy, 570 kVA, 1518 kWh, ~127 min Each N/A $ 1,309,989 N/A 1 1 $ 1,021,791 22.00% Time Shift - 60 Hz ES 3.0 MW-hr, 2x 20', Energy, 1000 kVA, 3036 kWh, ~145 min Each N/A $ 2,263,804 N/A 1 2 $ 1,765,767 22.00% Time Shift - 60 Hz ES 3.5 MW-hr, 2x 20', Energy, 1000 kVA, 3542 kWh, ~170 min Each N/A $ 2,507,909 N/A 1 2 $ 1,956,169 22.00% Time Shift - 60 Hz ES 4.0 MW-hr, 2x 20', Energy, 1000 kVA, 4048 kWh, ~194 min Each N/A $ 2,750,774 N/A 1 2 $ 2,145,604 22.00% Time Shift - 60 Hz ES 4.6 MW-hr, 3x 20', Energy, 1000 kVA, 4554 kWh, ~218 min Each N/A $ 3,257,104 N/A 1 3 $ 2,540,541 22.00% Time Shift - 60 Hz ES 5.1 MW-hr, 3x 20', Energy, 1000 kVA, 5060 kWh, ~242 min Each N/A $ 3,461,724 N/A 1 3 $ 2,700,145 22.00% Time Shift - 60 Hz ES 5.6 MW-hr, 3x 20', Energy, 1000 kVA, 5566 kWh, ~267 min Each N/A $ 3,705,829 N/A 1 3 $ 2,890,547 22.00% Time Shift - 60 Hz ES 6.1 MW-hr, 3x 20', Energy, 1000 kVA, 6072 kWh, ~291 min Each N/A $ 3,948,694 N/A 1 3 $ 3,079,981 22.00% Time Shift - 60 Hz ES 6.6 MW-hr, 3x 20', Energy, 1000 kVA, 6578 kWh, ~315 min Each N/A $ 4,191,559 N/A 1 3 $ 3,269,416 22.00% Time Shift - 60 Hz ES 7.1 MW-hr, 4x 20', Energy, 1000 kVA, 7084 kWh, ~340 min Each N/A $ 4,708,735 N/A 1 4 $ 3,672,813 22.00% Time Shift - 60 Hz ES 7.6 MW-hr, 4x 20', Energy, 1000 kVA, 7590 kWh, ~364 min Each N/A $ 4,903,749 N/A 1 4 $ 3,824,924 22.00% Time Shift - 60 Hz ES 8.1 MW-hr, 4x 20', Energy, 1000 kVA, 8096 kWh, ~388 min Each N/A $ 5,145,374 N/A 1 4 $ 4,013,392 22.00% Time Shift - 60 Hz ES 8.6 MW-hr, 4x 20', Energy, 1000 kVA, 8602 kWh, ~412 min Each N/A $ 5,389,479 N/A 1 4 $ 4,203,793 22.00% Time Shift - 60 Hz ES 9.1 MW-hr, 4x 20', Energy, 1000 kVA, 9108 kWh, ~437 min Each N/A $ 5,632,344 N/A 1 4 $ 4,393,228 22.00% Grid Stabilizer - 60 Hz PGS1260, 1x 20', Power, 1000 kVA, 672 kWh, ~32 min Each N/A $ 990,332 N/A 1 1 $ 772,459 22.00% Grid Stabilizer - 60 Hz PGS840, 1x 20', Power, 840 kVA, 448 kWh, ~25 min Each N/A $ 853,487 N/A 1 1 $ 665,720 22.00% Due to the customization and plethora of options, it is not feasible to provide a paper price list for these specific components at this time.

For pricing and availability, Sourcewell members can contact their local Caterpillar Dealer. #Caterpillar: Confidential Green
EXHIBIT 1
1485
Caterpillar, Inc.

Electrical Energy Power Generation Equipment
#092222-CAT
THIS DOCUMENT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A PART OF THE CONTRACT BETWEEN SOURCEWELL AND SUPPLIER.

If you would like to purchase off this contract or for questions regarding products and pricing, the Supplier Contact Information can be found at:

Caterpillar Inc.: Contract 092222-CAT | Sourcewell (sourcewell-mn.gov) EXHIBIT 1
1486
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.

EXHIBIT 1
1487
092222-CAT
Rev. 3/2022 2
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 EXHIBIT 1
1488
092222-CAT
Rev. 3/2022 3
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; EXHIBIT 1
1489
092222-CAT
Rev. 3/2022 4
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.

EXHIBIT 1
1490
092222-CAT
Rev. 3/2022 5

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.

EXHIBIT 1
1491
092222-CAT
Rev. 3/2022 6
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.

EXHIBIT 1
1492
092222-CAT
Rev. 3/2022 7
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 EXHIBIT 1
1493
092222-CAT
Rev. 3/2022 8
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.

EXHIBIT 1
1494
092222-CAT
Rev. 3/2022 9
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.

EXHIBIT 1
1495
092222-CAT
Rev. 3/2022 10

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.

EXHIBIT 1
1496
092222-CAT
Rev. 3/2022 11
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 EXHIBIT 1
1497
092222-CAT
Rev. 3/2022 12
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.

EXHIBIT 1
1498
092222-CAT
Rev. 3/2022 13
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.

EXHIBIT 1
1499
092222-CAT
Rev. 3/2022 14

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: ________________________
EXHIBIT 1
1500
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1501
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1502
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1503
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1504
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1505
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1506
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1507
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1508
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1509
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1510
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1511
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1512
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1513
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1514
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1515
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1516
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1517
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1518
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1519
Bid Number: RFP 092222 Vendor Name: Caterpillar
Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.

Documents
Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - Caterpillar Gen Disc List RFP August 2022.xlsx - Tuesday September 20, 2022 15:56:47 Financial Strength and Stability - Financial Strength and Stability.zip - Tuesday September 20, 2022 15:58:41 Marketing Plan/Samples - Marketing Plan.zip - Tuesday September 20, 2022 15:59:03 WM8E/M8E/S8E or Related Certificates (optional)
Warranty Information - SELF5743-01_.pdf - Tuesday September 20, 2022 15:57:54 Standard Transaction Document Samples - Standard Transaction Document Samples.zip - Tuesday September 20, 2022 15:59:30 Upload Additional Document - Additionals.zip - Tuesday September 20, 2022 15:59:44 EXHIBIT 1
1520
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1521
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
1522

COMMENT AND REVIEW
to the
REQUEST FOR PROPOSAL (RFP) #092222
Entitled
Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services
The following advertisement was placed August 4, 2022 on the Sourcewell website www.sourcewell-mn.gov, Sourcewell Procurement Portal https://proportal.sourcewell-mn.gov, Biddingo, Merx, PublicPurchase.com, The New York State Contract Reporter www.nyscr.ny.gov, USA Today, South Carolina’s The State, August 5, 2022 in Oregon’s Daily Journal of Commerce, and on August 4 and August 11, 2022 in The Oklahoman:

Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 22, 2022, at 4:30 p.m. Central Time, and late proposals will not be considered.

The solicitation process was conducted through the Sourcewell Procurement Portal. The following parties expressed interest in the solicitation by registering for this opportunity within the portal:

Air Unlimited, Inc. Merryman-Farr, LLC
Alco Building Solutions Nebraska Generator Service, LLC All Phase Contracting, Inc. Pioneer Power Mobility
Alliance North America, Inc. Power Conditioning Computer Services, Inc.

Apeiron Energy, Inc. Power Technique North America, LLC Caterpillar Inc. PowerSecure, Inc.

Construction Industry Center Prairie Fibre-Optic Group, Inc.

Construction Reporter Prime Vendor, Inc.

Cummins Inc. Pro-Tech Power Sales
DD DANNAR, LLC PWXPress
Duke Electric (1977), Ltd. Reelstrong, LLC
Electric Power Systems International, Inc. Regina Construction Association EXHIBIT 1
1523
Sourcewell Page 2 of 4
Facility Improvement Corp. Rolls-Royce Solutions America, Inc. (MTU Americas, Inc.) Fermata, LLC Siemens Industry, Inc.

Finning International, Inc. supplyFORCE
ForeFront Power, LLC Taylor Power Systems, Inc.

Generac Power Systems Inc. The X-Group of Companies (Turbine X Energy, Inc.) Genie Retail Energy UNITED RENTALS (NORTH AMERICA), INC.

GovZERO Valor Holdings, LLC
IM Supply Company Veteran Electrical Supply
In-Charge Energy, Inc. Volvo Construction Equipment North America Interstate Power Systems Warshauer Electric Supply
Kohler Power Systems WESCO
Lindsay Allison International Wesco Distribution Canada Mainspring Energy X Group of Companies
Melanite Group, Ltd.

All Proposals remained sealed within the Sourcewell Procurement Portal until the scheduled due date and time. Proposals were electronically opened, and the list of all Proposers was made publicly available on the Sourcewell Procurement Portal, on September 22, 2022, at 4:31:32 pm CT. Proposals were received from the following:

Caterpillar Inc.

Cummins Inc.

DD DANNAR, LLC
Fermata, LLC
Generac Power Systems Inc.

Kohler Power Systems
MTU Americas, Inc., dba Rolls-Royce Solutions America, Inc.

PowerSecure, Inc.

Taylor Power Systems, Inc.

The X-Group of Companies (Turbine X Energy, Inc.)
Proposals were reviewed by the Proposal Evaluation Committee:

Kim Austin, MBA, CPPB, Procurement Lead Analyst
James Voelker, CPCM, CFCM, Procurement Lead Analyst
Brandon Town, CPSM, CPSD, Procurement Analyst
Craig West, Procurement Analyst
The findings of the Proposal Evaluation Committee are summarized as follows:

The Proposal Evaluation Committee applied the Sourcewell RFP evaluation criteria and determined that all proposal responses met the scope and mandatory submittal requirements and were evaluated.

Caterpillar Inc. offers a full line of turn-key diesel and natural gas generator sets from 20 to 4000 kW, microgrid and battery energy solutions. Caterpillar has an expansive network of 800 dealers across the United States and Canada. They also provide Sourcewell participating entities with an extensive service network of over 20,000 EXHIBIT 1
1524
Sourcewell Page 3 of 4
service technicians, 468 locations, over 8,000 service bays and 8,500 field service trucks. Caterpillar’s pricing reflects a range of significant discounts from list pricing.

Cummins Inc. brings a complete line of diesel and natural gas/propane commercial generator products, transfer switches, and related services. Cummins will provide service to Sourcewell participating entities through their 230 branch locations throughout the United States and Canada. Cummins also has 3,400 certified technicians operating throughout North America. Cummins offers a discount from fair market value or typical sales price on equipment, products, and services.

Generac Power Systems Inc. manufactures a comprehensive selection of light towers, stationary, portable, residential, and mobile generators. Their sales staff and distribution network provide coverage throughout the United States and Canada to serve Sourcewell participating entities. Generac offers multiple power source options to include LP vapor, LP liquid, natural gas, well gas, and diesel/Bi-Fuel in their generator solutions. They are offering competitive range of discounts off MSRP by product line.

Kohler Power Systems is offering a full line of turnkey diesel and natural gas generators, Automatic Transfer Switches (ATS), switchgear, paralleling equipment, and microgrid solutions. With an extensive distribution network throughout the United States and Canada, Kohler is well prepared to serve Sourcewell participating entities. Kohler offers participating entities competitive discounts from configured list price.

MTU Americas, Inc., dba Rolls-Royce Solutions America, Inc., has a long history of providing standby, emergency, continuous, prime, diesel, gas, and propane generators and power generation solutions. Their sales and service teams, along with their distributors, are ready to serve Sourcewell participating entities across the United States and Canada. Their standby generator set product line is designed, manufactured, and warrantied for an 85% load factor. They are offering Sourcewell participating entities solid pricing discounts.

For these reasons, the Sourcewell Proposal Evaluation Committee recommends award of Sourcewell Contract #092222 to:

Caterpillar Inc. #092222-CAT
Cummins Inc. #092222-CMM
Generac Power Systems Inc. #092222-GNR
Kohler Power Systems #092222-KOH
MTU Americas, Inc., dba Rolls-Royce Solutions America, Inc. #092222-RYC The preceding recommendations were approved on November 17, 2022. __________________________________________ Kim Austin, MBA, CPPB, Procurement Lead Analyst _______________________________________ James Voelker, CPCM, CFCM, Procurement Lead Analyst EXHIBIT 1
1525
Sourcewell Page 4 of 4
_______________________________________ Brandon Town, CPSM, CPSD, Procurement Analyst _______________________________________ Craig West, Procurement Analyst

STATEMENT OF COMPLIANCE
As Executive Director for Sourcewell, I have reviewed the recommendation of the Evaluation Committee and the accompanying support materials documenting the process followed for RFP #092222 for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services. The committee accepted, deemed responsive, evaluated, and recommended proposals for award. Under authority granted in Sourcewell’s bylaws, the recommendations set forth above are approved.

I hereby certify:

1. Sourcewell is a government agency, created and authorized by Minnesota law to provide cooperative procurement contracts.

2. The procurement process and resulting contracts have been awarded in compliance with the laws of the State of Minnesota (Minnesota Statutes Chapter 471 and Minnesota Statutes Section 123A.21), and in conformity to Sourcewell’s Procurement Policy.

Dr. Chad Coauette
Executive Director/CEO
EXHIBIT 1
1526
EXHIBIT 1
1527
EXHIBIT 1
1528
EXHIBIT 1
1529
EXHIBIT 1
1530
EXHIBIT 1
1531
EXHIBIT 1
1532
EXHIBIT 1
1533
Order Number:

Classification:

Package:

Order Cost:

Job Details
IPL0083829
Legals & Public Notices
COL - Legal Ads
$137.40
Account Details

SOURCEWELL IP
PO BOX 219
STAPLES, MN 56479
218-894-1930
[email protected]

SOURCEWELL
The State (Columbia) All Zones
From: The Legals Adportal
To: Carol Jackson
Subject: Thank you for placing your order with us IPL0083829 Date: Monday, August 1, 2022 8:28:23 AM

EXTERNAL
THANK YOU for your ad submission!
This is your confirmation that your order has been submitted. Below are the details of your transaction. Please save this confirmation for your records. This transaction will show up on your credit card statement as McClatchy.

Schedule for ad number IPL00838290
Thu Aug 4, 2022
EXHIBIT 1
1534
EXHIBIT 1
1535
EXHIBIT 1
1536
EXHIBIT 1
1537
EXHIBIT 1
1538
EXHIBIT 1
1539
EXHIBIT 1
1540
Notice
Basic Information
Details
Dates
Contact Information
Pre-Bidding Events
Bid Submission Process
Estimated Contract Value (CAD) $200,000,000.00 (Not shown to suppliers) Reference Number 0000229581
Issuing Organization Sourcewell
Owner Organization
Solicitation Type RFP - Request for Proposal (Formal)
Solicitation Number 092222
Title Electrical Energy Power Generation Equipment with Related Parts, Supplies, Svcs
Source ID PP.CO.USA.868485.C88455
Location All of Canada, All of Canada
Purchase Type Duration:4 years
Description Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 22, 2022, at 4:30 p.m. Central Time, and late proposals will not be considered.

Publication 2022/08/04 09:06:40 AM EDT
Question Acceptance Deadline 2022/09/14 05:30:00 PM EDT Questions are submitted online No
Bid Intent Not Available
Closing Date 2022/09/22 05:30:00 PM EDT
Prebid Conference 2022/08/30 11:00:00 AM EDT
Procurement Department
218-894-1930
[email protected]
Event Type Prebid Conference
Attendance Recommended
Event date 2022/08/30 11:00:00 AM EDT
Location Online Conference
Event Note Login information will be emailed two business days prior to the event.

Bid Submission Type Electronic Bid Submission
Pricing In attached document
Pricing In attached document
Bid Documents List
Item Name Description Mandatory
Bid Documents Documents defining the proposal Yes
092222 - Electrical Energy Power Generation Equipment wi... 2022/08/04 09:06:48 AM EDT Page 1 of 2
EXHIBIT 1
1541
Categories
Selected Categories
GSIN Category (1)
C Construction
Construction
515 Special trade construction work
Special trade construction work
5150BK POWER GENERATION

POWER GENERATION
MERX Category (1)
G Goods
Goods
G10 Electrical and Electronics
Electrical and Electronics
UNSPSC Category (1)
26000000 Power Generation and Distribution Machinery and Accessories 26110000 Batteries and generators and kinetic power transmission 26111600 Power generators
092222 - Electrical Energy Power Generation Equipment wi... 2022/08/04 09:06:48 AM EDT Page 2 of 2
EXHIBIT 1
1542
Caterpillar Cummins Inc. DD DANNAR, LLC Fermata LLC Generac Power Systems Possible Points Conformance to RFP Requirements 50 44 42 42 38 44
Pricing 400 315 329 315 308 338
Financial Viability and Marketplace Success 75 68 64 55 51 67 Ability to Sell and Deliver Service 100 91 84 72 68 83 Marketing Plan 50 44 38 43 39 45 Value Added Attributes 75 67 65 66 57 65 Warranty 50 43 43 44 41 43 Depth and Breadth of Offered Equipment, Products, or Services 200 183 178 144 123 169 Total Points 1,000 855 843 781 725 854 Rank Order 1 3 7 9 2 Kohler Power Systems PowerSecure Inc Rolls Royce Solutions AmericaInc. TAYLOR POWER SYSTEMS The X Group of companies Possible Points Conformance to RFP Requirements 50 44 43 40 40 36
Pricing 400 305 298 325 270 220
Financial Viability and Marketplace Success 75 64 62 63 53 49 Ability to Sell and Deliver Service 100 86 75 82 65 64 Marketing Plan 50 44 43 36 36 33 Value Added Attributes 75 66 62 53 53 51 Warranty 50 44 41 41 42 39 Depth and Breadth of Offered Equipment, Products, or Services 200 181 167 165 167 125 Total Points 1,000 834 791 805 726 617 Rank Order 4 6 5 8 10 Kim Austin, MBA, CPPB, Procurement Lead Analyst Brandon Town, CPSM, CPSD, Procurement Analyst Craig West, Procurement Analyst James Voelker, CPCM, CFCM, Procurement Lead Analyst Proposal Evaluation
Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services RFP #092222 EXHIBIT 1
1543
Proposal Opening Record
Date of opening: September 22, 2022
Sourcewell posted Request for Proposal #092222, for the procurement of Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services, on the Sourcewell Procurement Portal [proportal.sourcewell mn.gov] on Thursday, August 4, 2022, and the solicitation remained in an open status within the portal until September 22, 2022, at 4:30 pm CT. The RFP required that all proposals be submitted through the Sourcewell Procurement Portal no later than 4:30 pm CT on September 22, 2022, the date and time specified in the Solicitation Schedule.

The undersigned certify that all responses received on Request for Proposal #092222 were submitted through the Sourcewell Procurement Portal, and that each Proposer’s response material was digitally sealed upon submission and remained inaccessible until the due date and time specified in the Solicitation Schedule.

Responses were received from the following:

Caterpillar, Inc. Submitted 9/22/22 at 11:48:50 AM
Cummins, Inc. Submitted 9/22/22 at 8:52:00 AM
DD DANNAR, LLC Submitted 9/20/22 at 12:20:58 PM
Fermata, LLC Submitted 9/22/22 at 2:42:17 PM
Generac Power Systems, Inc. Submitted 9/22/22 at 10:19:18 AM Kohler Power Systems Submitted 9/16/22 at 9:04:00 AM
PowerSecure, Inc. Submitted 9/21/22 at 11:54:08 AM
Rolls Royce Solutions America, Inc. (MTU Americas, Inc.) Submitted 9/22/22 at 3:27:52 PM Taylor Power Systems, Inc. Submitted 9/22/22 at 1:56:49 PM The X Group of Companies (Turbine X Energy, Inc.) Submitted 9/22/22 at 4:19:35 PM The Proposals were opened electronically, and a list of all Proposers was made publicly available in the Sourcewell Procurement Portal, on September 22, 2022, at 4:31:32 PM CT. All responsive proposals were then submitted for review by the Sourcewell Evaluation Committee. __________________________________________ ______________________________ Kim Austin, MBA, CPPB, Procurement Lead Analyst Carol Jackson, Procurement Analyst EXHIBIT 1
1544
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services

RFP #092222

REQUEST FOR PROPOSALS
for
Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services
Proposal Due Date: September 22, 2022, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada.

A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 22, 2022, at 4:30 p.m. Central Time, and late proposals will not be considered.

SOLICITATION SCHEDULE
Public Notice of RFP Published: August 4, 2022
Pre-proposal Conference: August 30, 2022, 10:00 a.m., Central Time Question Submission Deadline: September 14, 2022, 4:30 p.m., Central Time Proposal Due Date: September 22, 2022, 4:30 p.m., Central Time Late responses will not be considered.

Opening: September 22, 2022, 6:30 p.m., Central Time
See RFP Section V.G. “Opening”
EXHIBIT 1
1545
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services

I. ABOUT SOURCEWELL
A. SOURCEWELL
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 facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements (including Canadian Free Trade Agreement, Ontario-Quebec Trade and Cooperation Agreement, and Canada-European Union Comprehensive Economic and Trade Agreement, as applicable), and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities procure equipment, products, and services.

Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers’ potential pool of end users.

Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.

B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell’s contracts are available for use by:

Federal and state government entities1;
Cities, towns, and counties/parishes;
Education service cooperatives;
K-12 and higher education entities;
Tribal government entities;
Some nonprofit entities; and
Other public entities.

In Canada, Sourcewell’s contracts are available for use by:

Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; Indigenous self-governing bodies 1 Pursuant to HAR §3-128-2, the State of Hawaii, Department of Accounting and General Services, State Procurement Office, on behalf of the State of Hawaii and participating jurisdictions, has provided notice of its Intent to Participate in the solicitation as a participating entity.

EXHIBIT 1
1546
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services

Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; Members of the Canoe procurement group of Canada, and their partner associations:

Canoe members are regional, local, district or other forms of municipal government, school boards, publicly-funded academic, health and social service entities in Alberta and across Canada, as well as any corporation or entity owned or controlled by one or more of the preceding entities – as well as partner associations, including Saskatchewan Association of Rural Municipalities, Association of Manitoba Municipalities, Local Authorities Services/Association of Municipalities Ontario, Nova Scotia Federation of Municipalities, Federation of Prince Edward Island Municipalities, Municipalities Newfoundland Labrador, Union of New Brunswick Municipalities, North West Territories Association of Communities, CivicInfo BC, and their members.

For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-forvendors/agency-locator. Participating Entities typically access contracted equipment, products, or services through a purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources.

To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP. In addition, where applicable, other purchasing cooperatives and procurement officials receive notice and are encouraged to re-post the solicitation opportunity.

Proof of publication will be available at the conclusion of the solicitation process.

II. SOLICITATION DETAILS
A. SOLUTIONS-BASED SOLICITATION
This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards.

EXHIBIT 1
1547
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services

B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative.

1. Sourcewell is seeking proposals for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services, including, but not limited to:
a. Stationary electrical generation systems, backup or standby generator sets, mobile and ground power units, and trailer mounted generators;
b. Parts and accessories, including enclosures, fuel tanks, automatic transfer switches, paralleling equipment, switch gears, connection boxes, controls, alarm modules, batteries, block heaters, and networking tools;
c. Related services, including design, customization, engineering, commissioning, installation, delivery, maintenance, repair, training and operation, service and maintenance agreements, decommissioning and repurposing, custom shop work, and rental services.

2. The primary focus of this solicitation is on electrical energy power generation equipment.

Proposers may include related parts, accessories, or services, as described in 1. b. and 1. c. to the extent that these solutions are complementary to the power generation solutions being offered in 1. a. Proposers may include no more than a complementary or incidental offering from renewable energy sources such as wind, solar and microgrid solutions. This solicitation should NOT be construed to include “services-only” solutions.

3. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell:
a. Medium Duty and Compact Construction Equipment with Related Attachments, Accessories, and Supplies (RFP ##040319)
b. Portable Construction Equipment with Related Accessories and Attachments (RFP #041719)
c. Equipment Rental with Related Services (RFP#062320)
d. Facility MRO (Maintenance, Repair & Operations), Industrial & Building Supplies with Related Equipment, Accessories, Supplies & Services (RFP #091422) Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed.

EXHIBIT 1
1548
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services

Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment-only or products-only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local thirdparty contractors, to properly install and bring to operation the equipment or products being proposed.

Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment, products, and services provided under a resulting contract. If proposer is including the equipment, products, and services of its subsidiary entities, the proposer must also identify all included subsidiaries in its proposal. If proposer requires the use of distributors, dealers, resellers, or subcontractors to provide the equipment, products, or services, the proposal must address how the equipment, products or services will be provided to Participating Entities, and describe the network of distributors, dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.

Sourcewell encourages suppliers to offer the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities.

C. REQUIREMENTS
It is expected that proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities.

1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes.

2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.

3. Equipment and Products. Proposed equipment and products must be for new, current model; however, proposer may offer certain close-out equipment or products, and used or refurbished equipment, if it is specifically noted in the Pricing proposal.

4. Delivered and operational. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational.

5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better.

D. ANTICIPATED CONTRACT TERM
EXHIBIT 1
1549
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services

Sourcewell anticipates that the term of any resulting contract(s) will be four years, with an optional one-year extension that may be offered based on the best interests of Sourcewell and its Participating Entities.

E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $80 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.

F. MARKETING PLAN
Proposer’s sales force will be the primary source of communication with Participating Entities.

The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is expected that proposer will promote and market any contract award.

G. ADDITIONAL CONSIDERATIONS

1. Contracts will be awarded to proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP.

2. A proposer may submit only one proposal. If related, affiliated, or subsidiary entities elect to submit separate proposals, rather than a single parent-entity proposal, each such proposal must be prepared independently and without cooperation, collaboration, or collusion.

3. If a proposer works with a consultant on its proposal, the consultant (an individual or company) may not assist any other entity with a proposal for this solicitation.

4. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell reserves the right to verify proposer’s information and may request clarification from a proposer, including samples of the proposed equipment or products.

5. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory.

6. A proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal.

III. PRICING
EXHIBIT 1
1550
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services

A. REQUIREMENTS
All proposed pricing must be:

1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the proposer’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any contract resulting from this RFP.

2. The proposer’s not to exceed price. A not to exceed price is the highest price for which equipment, products, or services may be billed to a Participating Entity. However, it is permissible for suppliers to sell at a price that is lower than the contracted price.

3. Stated in U.S. and Canadian dollars (as applicable).

4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location).

Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the proposer. Additionally, proposers should clearly describe any unique distribution and/or delivery methods or options offered in the proposal.

B. ADMINISTRATIVE FEES
Proposers awarded a contract are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative.

IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict EXHIBIT 1
1551
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services

Minnesota law may result in the proposal being disqualified from further review and evaluation.

To request a modification to the template Contract, a proposer must submit the Exceptions to Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the time of the proposal submission will be considered.

Exceptions must:

1. Clearly identify the affected article and section.

2. Clearly note the requested modification; and as applicable, provide requested alternative language.

Unclear requests will be automatically denied.

Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded supplier for signature.

If a proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked.

V. RFP PROCESS
A. PRE-PROPOSAL CONFERENCE
Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre-proposal conference attendance is optional.

B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.

The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.

All questions, whether specific to a proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline.

EXHIBIT 1
1552
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services

C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.

Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the proposer by checking the box for each addendum. It is the responsibility of the proposer to check for any addenda that may have been issued up to the solicitation due date and time.

If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the proposer’s proposal status to INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account. The proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has changed to INCOMPLETE, the proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above.

D. PROPOSAL SUBMISSION
Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to ensure that the proposal is received on time.

It is recommended that proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock.

In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues.

Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell’s support provider at [email protected].

EXHIBIT 1
1553
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services

To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity.

Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award.

The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the proposer to remedies available by law.

E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:

In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected.

Complete. A proposal will be rejected if it is conditional or incomplete.

Submitted in English.

Valid and irrevocable for 90 days following the Proposal Due Date.

Any and all costs incurred in responding to this RFP will be borne by the proposer.

F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a proposer may withdraw its proposal.

G. OPENING
The Opening of proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule.

To view the list of proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time.

VI. EVALUATION AND AWARD
A. EVALUATION
EXHIBIT 1
1554
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services

It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is necessary to meet the needs of its Participating Entities.

Factors to be considered in determining the number of contracts to be awarded in any category may include the following:

Total evaluation scores (giving consideration to natural breaks in the scoring of responsive proposals);
The number and geographic location of highest-scoring proposers that offer:
o A comprehensive selection of the requested equipment, products, or services; o A sales and service network ensuring availability and coverage for Participating Entities’ use; and
o Other attributes of the proposer or contents of its proposal that assist Participating Entities in achieving environmental and social requirements, and goals.

Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product.

B. AWARD(S)
Award(s) will be made to the highest-scoring proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP.

Sourcewell may request written clarification of a proposal at any time during the evaluation process.

Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (a copy is available in the Sourcewell Procurement Portal):

Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400
TOTAL POINTS 1000
C. PROTESTS OF AWARDS
EXHIBIT 1
1555
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services

Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.

Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received, and time stamped at the Sourcewell office by 4:30 p.m., Central Time, no later than 10 calendar days following Sourcewell’s notice of contract award(s) or non-award. and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must allege a procedural, technical, or legal defect, with supporting documentation. A protest that merely requests a re-evaluation of a proposal’s content will not be entertained A protest must include the following items:

The name, address, and telephone number of the protester; Identification of the solicitation by RFP number;
A precise statement of the relevant facts;
Identification of the alleged procedural, technical, or legal defect; Analysis of the basis for the protest;
Any additional supporting documentation;
The original signature of the protester or its representative; and Protest bond in the amount of $20,000 (except where prohibited by law or treaty).

Protests that do not address these elements will not be reviewed.

D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the proposer may be rejected.

Sourcewell reserves the right to:

Modify or cancel this RFP at any time;
Reject any and all proposals received;
Reject proposals that do not comply with the provisions of this RFP; Select, for contracts or for discussion, a proposal other than that with the lowest cost; Independently verify any information provided in a proposal; Disqualify any proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect;
Waive or modify any informalities, irregularities, or inconsistencies in the proposals received;
EXHIBIT 1
1556
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services

Clarify any part of a proposal and discuss any aspect of the proposal with any proposer; and negotiate with more than one proposer;
Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and
Award a contract to one or more proposers if it is in the best interest of Participating Entities.

E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell may reject proposals that are marked confidential or nonpublic, either substantially or in their entirety.

Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition.

EXHIBIT 1
1557
8/10/2022
Addendum No. 1
Solicitation Number: RFP 092222
Solicitation Name: Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

In the RFP Questionnaire, Table 1, Question 2 – “Identify all subsidiary entities of the Proposer whose equipment, products, or services are included in the Proposal.” If distributors are involved in the process, is Sourcewell asking to list all distributors or is this strictly at the OEM level?
Answer 1:

In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. It is left to the discretion of each proposer to determine and identify those of its subsidiary entities whose equipment, products, or services are included in the Proposal (if any).

End of Addendum
Acknowledgement of this Addendum to RFP 092222 posted to the Sourcewell Procurement Portal on 8/10/2022, is required at the time of proposal submittal.

EXHIBIT 1
1558
8/30/2022
Addendum No. 2
Solicitation Number: RFP 092222
Solicitation Name: Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Who is the incumbent for this contract? Can we review the previous winning bid? Answer 1:

Each Sourcewell solicitation represents a separate and distinct opportunity. For examples of current Sourcewell-awarded contracts, navigate to the page on the Sourcewell website at the following address: https://www.sourcewell-mn.gov/contractsearch and enter the relevant search term. A currently active contract offering similar solutions is #120617.

End of Addendum
Acknowledgement of this Addendum to RFP 092222 posted to the Sourcewell Procurement Portal on 8/30/2022, is required at the time of proposal submittal.

EXHIBIT 1
1559
9/06/2022
Addendum No. 3
Solicitation Number: RFP 092222
Solicitation Name: Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services
Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Will a list of registered plan takers be provided to all plan takers at any point in this RFP process?
Answer 1:

A list of plan takers will not be provided as part of the solicitation process.

Question 2:

Can you clarify what is acceptable for financial stability besides releasing full financial documents.

Answer 2:

The Sourcewell RFP is an open and competitive solicitation process. Each proposer, in its discretion, will determine the information necessary to best demonstrate its financial viability/success to Sourcewell. Examples of potential supporting material are identified in the text of the question on financial strength and stability in Table 2, “Company Information and Financial Strength,” in Step 1 of the proposal preparation process.

Proposals are evaluated based on the criteria stated in the RFP.

End of Addendum
Acknowledgement of this Addendum to RFP 092222 posted to the Sourcewell Procurement Portal on 9/06/2022, is required at the time of proposal submittal.

EXHIBIT 1
1560
9/09/2022
Addendum No. 4
Solicitation Number: RFP 092222
Solicitation Name: Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

We provide solar electrical power generation equipment and services. Will you confirm whether we may respond to this solicitation?
Answer 1:

Each Sourcewell RFP is an open and competitive solicitation process. In the competitive process, Sourcewell will not pre-evaluate a proposer’s offerings.

Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell’s requested equipment, products, and services as described in the RFP. Only those products within the scope of the RFP will be included in any contract awarded by Sourcewell as a result of the solicitation. Each Proposal will be evaluated based on the criteria stated in the RFP.

End of Addendum
Acknowledgement of this Addendum to RFP 092222 posted to the Sourcewell Procurement Portal on 9/09/2022, is required at the time of proposal submittal.

EXHIBIT 1
1561
5 (Rev. 9.30.22)

EXHIBIT B

INSURANCE REQUIREMENTS
NOT APPLICABLE – PURCHASE OF GOODS
EXHIBIT 1
1562
6 (Rev. 9.30.22)

EXHIBIT C
EXHIBIT 1
1563

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 1 -
September 16, 2024
Project: Stockton – Fire Department Replacement Sourcewell Price Quote # ddh091624A – Sourcewell Member’s Account # 26357 Holt of California, Inc is pleased to present the following quotation:

XQ125 – 110kW – Diesel Powered Genset --------------------------- $114,210.00 (Each) EPA/CARB TIER 4 FINAL EMISSION CERTIFIED
60 Hz, 110kW STANDBY - 208V
Includes Start-Up and 2-Hour Resistive Load Bank Test and Training Total for Six (6) of the XQ125 gensets -------------------------------------------- $685,260.00 9% Sales Tax on $685,260.00 ---------------------------------------------------------- $61,673.40 Total including Sales Tax ------------------------------------------------------------- $746,933.40 CG400 - 400A - Auto Transfer Switch -------------------------------------- $6,560.00 (Each)

TRUONE CG CONTROLLER

OPEN TRANSITION

STANDARD - NO BYPASS
NEMA 3R 400 AMPS
Total for Six (6) of the CG400 ATSs -------------------------------------------------- $39,360.00 9% Sales Tax on $39,930.00 -------------------------------------------------------------- $3,542.40 Total including Sales Tax ---------------------------------------------------------------- $42,902.40 Foxfab 400A Manual TS for Temp Genset ------------------------------- $12,135.00 (Each) FFCC-C2-400-FT-U4-G-ALU-LA
Consisting Of:
• 5052 Aluminum Construction
• Type 3R Enclosure
Total for Six (6) of the 400A MTSs ---------------------------------------------------- $72,810.00 9% Sales Tax on $72,810.00 -------------------------------------------------------------- $6,552.90 Total including Sales Tax ---------------------------------------------------------------- $79,362.90 Grand Total Including 9% Sales Tax – $869,198.70
EXHIBIT 1
1564

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 2 -
Delivery
Pricing includes freight & delivery. Depending on time of delivery lead-time can change current lead times for Gensets. Currently we have some Gensets coming into factory stock approximate in February 2025 plus freight transit time after the release to order.

EXHIBIT 1
1565

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 1 -
September 16, 2024
Project: Main Police – Sourcewell Pricing
Quote # ddh091624C – Sourcewell Member’s Account # 26357 Holt of California, Inc is pleased to present the following quotation:

D500 C18 T4F – 500kW – Diesel Powered Genset
EPA/CARB TIER 4 FINAL EMISSIONS CERTIFIED
60 Hz, 500kW STANDBY - 480V
Includes Start-Up and 2-Hour Resistive Load Bank Test and Training Total for One (1) of the D500 C18 T4F gensets ---------------------------------- $285,762.00 9% Sales Tax on $285,762.00 ----------------------------------------------------------- $25,718.58 Total including Sales Tax --------------------------------------------------------------- $311,480.58 CG800 - 800A - Auto Transfer Switch

TRUONE CG CONTROLLER

OPEN TRANSITION

STANDARD - NO BYPASS
NEMA 3R 800 AMPS
Total for One (1) of the CG800 ATSs ------------------------------------------------ $11,967.00 9% Sales Tax on $47,868.00 ------------------------------------------------------------- $1,077.03 Total including Sales Tax --------------------------------------------------------------- $13,044.03 Foxfab 800A Manual TS for Temp Genset
FFCC-C2-800-FT-U4-G-ALU-LA-AF-AF2-AD2-AG
Consisting Of:
• 5052 Aluminum Construction
• Type 3R Enclosure
Total for One (1) of the 800A MTSs -------------------------------------------------- $18,240.00 9% Sales Tax on $18,240.00 ------------------------------------------------------------- $1,641.60 Total including Sales Tax --------------------------------------------------------------- $19,881.60 EXHIBIT 1
1566

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 2 -
Grand Total
Including 9% Sales Tax for One (1) Diesel
Gensets and ATSs & MTSs -------------------------- $344,406.21 Delivery
Pricing includes freight & delivery. Depending on time of delivery lead-time can change current lead times for Gensets. The 500kW C18 T4F Diesel Powered Genset’s approximate lead time is 21 to 25 weeks, plus freight transit time after the release to order.

EXHIBIT 1
1567

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 1 -
September 16, 2024
Project: Stribley Community Center– Sourcewell Pricing
Quote # ddh091624B – Sourcewell Member’s Account # 26357 Holt of California, Inc is pleased to present the following quotation:

D500 C18 T4F – 500kW – Diesel Powered Genset
EPA/CARB TIER 4 FINAL EMISSIONS CERTIFIED
60 Hz, 500kW STANDBY - 480V
Includes Start-Up and 2-Hour Resistive Load Bank Test and Training Total for One (1) of the D500 C18 T4F gensets ---------------------------------- $285,762.00 9% Sales Tax on $285,762.00 ----------------------------------------------------------- $25,718.58 Total including Sales Tax --------------------------------------------------------------- $311,480.58 CG800 - 800A - Auto Transfer Switch

TRUONE CG CONTROLLER

OPEN TRANSITION

STANDARD - NO BYPASS
NEMA 3R 800 AMPS
Total for One (1) of the CG800 ATSs ------------------------------------------------ $11,967.00 9% Sales Tax on $47,868.00 ------------------------------------------------------------- $1,077.03 Total including Sales Tax ---------------------------------------------------------------- 13,044.03 Foxfab 800A Manual TS for Temp Genset
FFCC-C2-800-FT-U4-G-ALU-LA-AF-AF2-AD2-AG
Consisting Of:
• 5052 Aluminum Construction
• Type 3R Enclosure
Total for One (1) of the 800A MTSs -------------------------------------------------- $18,240.00 9% Sales Tax on $18,240.00 ------------------------------------------------------------- $1,641.60 Total including Sales Tax --------------------------------------------------------------- $19,881.60 EXHIBIT 1
1568

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 2 -
Grand Total
Including 9% Sales Tax for One (1) Diesel
Gensets and ATSs & MTSs -------------------------- $344,406.21 Delivery
Pricing includes freight & delivery. Depending on time of delivery lead-time can change current lead times for Gensets. The 500kW C18 T4F Diesel Powered Genset’s approximate lead time is 21 to 25 weeks, plus freight transit time after the release to order.

EXHIBIT 1
1569
Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 1 -
October 25, 2024
Project: New City Hall – Sourcewell Pricing Quote #
ddh081324B – Sourcewell Member’s Account # 26357
Holt of California, Inc is pleased to present the following quotation:

D500 C18 T4F – 500kW – Diesel Powered Genset ---------------- $285,762.00 (Each) EPA/CARB TIER 4 FINAL EMISSIONS CERTIFIED
60 Hz, 500kW STANDBY - 480V
Includes Start-Up and 2-Hour Resistive Load Bank Test and Training Total for Four (4) of the D500 C18 T4F gensets ----------------------------- $1,143,048.00 9% Sales Tax on $1,143,048.00 ----------------------------------------------------- $102,874.32 Total including Sales Tax ----------------------------------------------------------- $1,245,922.32 CG800 - 800A - Auto Transfer Switch -------------------------------------- $11,967.00 (Each)

TRUONE CG CONTROLLER

OPEN TRANSITION

STANDARD - NO BYPASS
NEMA 3R 800 AMPS
Total for Four (4) of the CG800 ATSs ------------------------------------------------- $47,868.00 9% Sales Tax on $47,868.00 -------------------------------------------------------------- $4,308.12 Total including Sales Tax ----------------------------------------------------------------- $52,176.12 Foxfab 800A Manual TS for Temp Genset -------------------------------- $18,240.00 (Each) FFCC-C2-800-FT-U4-G-ALU-LA-AF-AF2-AD2-AG
Consisting Of:
• 5052 Aluminum Construction
• Type 3R Enclosure
Total for Four (4) of the 800A MTSs -------------------------------------------------- $72,960.00 9% Sales Tax on $72,960.00 -------------------------------------------------------------- $6,566.40 Total including Sales Tax ---------------------------------------------------------------- $79,526.40 EXHIBIT 1
1570

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 2 -
Grand Total
Including 9% Sales Tax for four (4) Diesel
Gensets and ATSs & MTSs ------------ $1,377,624.84
Delivery
Pricing includes freight & delivery. Depending on time of delivery lead-time can change current lead times for Gensets. The 500kW C18 T4F Diesel Powered Genset’s approximate lead time is 21 to 25 weeks, plus freight transit time after the release to order.

Exception and Clarification:

This quote is based on verbal specifications with the following exceptions/clarifications.

Note: The material listed in this quotation is our interpretation of the system requirements. We do not guarantee quantities, descriptions, etc. other than those shown. This quotation and Accompanying Bill of Material is to be considered as one entity. Any item not included in the Bill of Material is hereby excluded from our offer.

Any deviations or additions will be subject to a revised quotation and may result in additional charges.

Equipment Quoted:

Holt of California is offering Caterpillar’s standard product that meets of the performance intent of the specification. However, we take general exception to any components or brands which are proprietary to any specific brand or are not part of our standard product and do not enhance the equipment's ability to perform its function or meet the applicable codes for this project.

All Diesel Fuel and DEF, including fuel required for initial start and test and refill after testing, will be supplied by others - not Holt of California.

Gas supply to generator set will be supplied by others - not Holt of California. This includes proper fuel pipe sizing and pressure. Check with Holt of California for proper fuel system before installation. Holt of California takes no responsibility for proper fuel pipe sizing and installation or proper fuel pressure for starting and running generator set at full load.

No special lugs included in our quotes unless specifically identified on our proposal. You will receive the standard lugs for the provided breakers.

EXHIBIT 1
1571

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 3 -
Load-bank testing is quoted at ground level within 100 feet of generator set connection point. Any additional distance or equipment to accommodate accessibility for load-bank testing will be at an additional price.

SUBMITTALS: Submittal drawings will be available approximately 2 to 4 weeks after receipt of purchase order.

One (1) copy of factory standard, operations and maintenance manuals.

This quote is valid for 30 days, and the following are not included, installation (including genset concrete pad design/engineering or anchoring calculations), wiring, fuel, permitting, or permitting fees including AQMD permits. FOB Job Site, unloading and placement by others. Holt of California, Inc is a material supplier, and is exempt from any contractor requirements. The engine quoted is emissions rated, but the owner/contractor is advised to inquire with the local air quality authority regarding any specific requirements for aftermarket products not included with bill of materials.

WITH APPROVED CREDIT, TERMS OF PAYMENT ARE NET (30) DAYS FROM INVOICE DATE. CUSTOMER SHALL PAY A LATE CHARGE OF 1.5% PER MONTH OF ALL AMOUNTS PAST DUE. THE PLACE OF PAYMENT IS P.O. BOX 100001, SACRAMENTO, CALIFORNIA 95813.

CREDIT: Subject to approval.

CANCELLATION POLICY: Rates for change orders and / or cancellations will be consistent with those of Caterpillar, Inc. at time of order.

Thank you for this opportunity to quote CATERPILLAR products. Please call if we may answer any questions, or be of further service.

Sincerely,
By
Dave Harris
Sales Engineer
Power Systems Division
916-373-4183 o
916-826-3148 c
916-373-4146 f
[email protected]
EXHIBIT 1
1572

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 4 -

1. PARTIES. This Sale Order/Quotation (“Agreement”) is made by and between Holt of California or Holt Rental Services dba The CAT Rental Store as seller (“Holt”) and Customer described on the front of this Agreement as buyer and is effective when signed by Holt and Customer. This Agreement may be executed and delivered by facsimile.

2. SALE OF GOODS. Seller shall transfer and deliver to Customer, and Customer shall pay for and accept, the material and equipment described on the front of this Agreement (“Goods”). The time of delivery of the Goods shall be on or about the Estimated Delivery Date, provided that Holt may change the Estimated Delivery Date without Customer’s consent, and Holt shall not be liable for delays in delivery of the Goods. The place of delivery shall be Holt’s place of business. Risk of loss shall pass to Customer upon delivery of the Goods to Customer or to Customer’s shipper.

3. INSPECTION. Customer shall have the right to inspect the Goods at the time and place of delivery before paying for or accepting them. Upon Customer’s acceptance of the Goods, Customer shall be conclusively presumed to be satisfied with the condition and conformance of the Goods.

4. WAIVER/AMENDMENTS. The failure by Holt to enforce any provision hereof shall not constitute a waiver by Holt of such provisions, nor of any subsequent breach of the same, nor of any other provision hereof. This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements or understandings of the parties. No amendment shall be binding unless in writing and signed by the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. No agent, employee or representative of Holt has the authority to bind Holt to any representation or warranty regarding the Goods that is not contained in this Agreement.

5. LIMITATION OF ACTIONS. Any action for breach of this Agreement must be commenced within one year after the facts giving rise to the cause of action. Customer waives the right to a trial by jury.

6. ASSIGNMENT. This Agreement may be assigned by Holt to a third party without the prior consent of Customer.

7. ATTORNEY’S FEES. In any litigation, arbitration or other proceeding by which one party seeks to enforce its rights under this Agreement (whether in contract, tort, or both), the prevailing party shall be awarded reasonable attorney’s fees, costs, and expert witness fees.

8. VENUE. Any dispute that arises between the parties shall be resolved in the Superior Court of California, County of Sacramento or County of San Joaquin, California.

9. CALIFORNIA LAW. This Agreement, and any dispute between the parties, shall be governed by California law. If any provision of this Agreement is held to be invalid in whole or in part, the validity of the remaining provisions shall not be affected.

10. INDEMNITY. Customer shall take all necessary precautions regarding the Goods and protect all persons and property from injury or damage. CUSTOMER SHALL INDEMNIFY AND HOLD HOLT FREE AND HARMLESS AGAINST ANY AND ALL CLAIMS, LOSS, DAMAGE, LIABILITY, EXPENSE (INCLUDING ATTORNEY’S FEES) AND PENALTY OF ANY KIND OR

NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION INJURIES OR DEATH TO PERSONS AND DAMAGE TO

PROPERTY

ARISING OUT OF THE USE, MAINTENANCE, OPERATION, STORAGE, INSTRUCTION, DELAY (INCLUDING ANY

DELAY IN OR FAILURE OF DELIVERY), SELECTION, PURCHASE, ACCEPTANCE OR REJECTION, OWNERSHIP,

CONDITION, REPAIR OR POSSESSION OF THE GOODS OR ITS HANDLING OR TRANSPORTATION EXCEPT CLAIMS

ARISING THROUGH THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF HOLT, WHETHER ATTRIBUTABLE TO A

DEFECT IN THE GOODS, THE MATERIAL USED THEREIN OR THE DESIGN, MANUFACTURE OR TESTING OF THE

GOODS, REGARDLESS OF WHETHER ANY SUCH DEFECT IS DISCOVERED, OR WHETHER THE GOODS ARE IN POSSESSION OF CUSTOMER OR THE LOCATION OF THE GOODS. CUSTOMER IS FULLY AWARE AND

ACKNOWLEDGES THERE IS A RISK OF INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE GOODS AND HEREBY ELECTS TO VOLUNTARILY ASSUME ALL OF THE ABOVE RISKS OF INJURY OR DAMAGE.

EXHIBIT 1
1573

Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 5 -

CUSTOMER AGREES TO RELEASE AND DISCHARGE HOLT FROM ANY AND ALL RESPONSIBILITY OR LIABILITY FROM SUCH INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE GOODS; AND CUSTOMER

FURTHER AGREES TO WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS FOR INJURY OR DAMAGE AGAINST HOLT WHICH CUSTOMER OTHERWISE MAY BE ENTITLED TO ASSERT.

11. DISCLAIMER OF WARRANTIES/WAIVER OF DAMAGES. EXCEPT AS OTHERWISE PROVIDED IN WRITING, NO

WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE OR HAVE BEEN MADE OR AUTHORIZED BY HOLT WITH RESPECT TO THE GOODS AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED BY HOLT.

CUSTOMER ACKNOWLEDGES THAT IF THERE IS A WARRANTY FOR THE GOODS, IT IS PROVIDED BY THE MANUFACTURER AND NOT BY HOLT. Customer acknowledges that it has selected the Goods on the basis of its own judgment and expressly disclaims any reliance upon any statements or representation made by Holt. Holt shall not be responsible to Customer for loss of use of Goods, loss of profits, or any other consequential damages. Holt shall not be liable for failure to deliver the Goods, or for any damages resulting from the selection, installation, operation or use of the Goods. Holt’s liability regarding the Goods and/or this Agreement for any damages, whether arriving in contract, tort, or otherwise, shall be limited to the aggregate price of the Goods paid as of the date of the claim giving rise to the alleged damages.

12. SECURITY INTEREST. Customer hereby grants Holt a security interest in the Goods, including any attachments, accessions, and proceeds, to secure payment of the sales price and performance of Customer’s obligations under this Agreement. Customer authorizes Holt to file such forms and documents as reasonably required by Holt to perfect its security interest, including but not limited to a UCC-1 financing statement with the California Secretary of State’s Office. Holt shall have all of the rights of a secured party pursuant to the California Commercial Code until the Goods are paid in full.

13. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on Customer and its successors and assigns without regard to changes in the form of Customer’s business entity or name or membership.

14. PURCHASE ORDER. Holt shall not be bound by the terms of any purchase order issued by Customer unless signed by Holt. In the event of a conflict between any such purchase order and this Agreement, this Agreement shall control.

TERMS OF PAYMENT ARE NET (10) DAYS FROM INVOICE DATE. CUSTOMER SHALL PAY A LATE CHARGE OF 1.5% PER MONTH OF ALL AMOUNTS PAST DUE.

THE PLACE OF PAYMENT IS P.O. BOX X, SACRAMENTO, CALIFORNIA 95813.

CUSTOMER REPRESENTS AND WARRANTS THAT THE GOODS PURCHASED ARE NOT PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.

DATED:10/25/2024 DATED:

HOLT OF CALIFORNIA CUSTOMER
X X___________________________
By: David D. Harris By:___________________________
Title: Power Systems Sales Engineer Title:_________________________ EXHIBIT 1
1574
City of Stockton
Legislation Text
File #: 24-1012, Version: 1

ADOPT RESOLUTION TO PURCHASE VEHICLE LIFTS UTILIZED BY THE PUBLIC WORKS

DEPARTMENT

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Appropriate funds in the amount of $286,689.32 from the Fleet Internal Service Fund Balance to the Fiscal Year 2024-25 Fleet Internal Service Fund, Equipment Acquisition Account.

2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

3. Approve the use of a Cooperative Purchasing Agreement through the National Association of State Procurement Officials ValuePoint Cooperative Purchasing Program, Master Agreement CW7254, to provide the City access to guaranteed pricing for vehicle lifts and garageassociated equipment from Vehicle Service Group, LLC.

4. Authorize the City Manager to execute a contract in the amount of $286,689.32 with Vehicle Service Group, LLC through affiliated vendor Pacific Lift and Equipment Company, Inc. of West Sacramento, CA, to purchase two portable 6-column lifts, two 2-post symmetric lifts, and two remote controls and dock kits.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Summary
The Public Works Department recommends the purchase of rotary vehicle lifts, utilized by the Fleet Section, through the National Association of State Procurement Officials (NASPO) ValuePoint. The proposed vehicle lifts are replacing current units that have surpassed their stated lifecycles and have multiple mechanical deficiencies.

NASPO ValuePoint is a non-profit association dedicated to advancing public procurement to simplify the procurement process for public agencies and take advantage of volume purchasing by issuing Cooperative Purchasing Agreements (COOPs). Use of a COOP streamlines administrative costs and procedures while maintaining the integrity of the competitive bidding process. The specifications for the two portable 6-column lifts, two 2-post symmetric lifts, and two remote controls and dock kits available through NASPO ValuePoint meet the City’s requirements for this type of equipment.

City of Stockton Page 1 of 3 Printed on 11/7/2024
powered by Legistar™1575
File #: 24-1012, Version: 1
It is recommended that Council adopt a resolution authorizing the City Manager to execute a COOP through NASPO ValuePoint in the amount of $286,689.32 for the purchase of two portable 6-column lifts, two 2-post symmetric lifts, and two remote controls and dock kits (Attachment A).

DISCUSSION
Background
The Public Works Department utilizes several vehicle lifts in order to complete their daily tasks such as preventative maintenance intervals, vehicle repairs, part replacements, and various safety tests and inspections that are necessary to maintain all City owned vehicles and equipment.

The City’s replacement criteria for equipment, based on industry standards for performance and efficiency, is 15 years. Adherence to this standard replaces equipment before routine failures are experienced, reducing the demand for extensive mechanical repairs. The replacement standard increases the resources available for preventative maintenance and is critical to the availability and performance of all fleet equipment, which includes servicing all public safety and emergency response vehicles. Fleet staff identified four sets of vehicle lifts that exceed the age criteria or have recurring mechanical or operational issues. Replacement of these units is recommended A recognized ‘best practice’ for local governments is to utilize a COOP that leverages the combined purchasing power of many entities and provides significant benefits for the participating organizations. COOPs are established through a formal competitive bidding process that meets the City’s requirements and fulfills the City’s procedural requirements for full and open marketplace competition. The combined leverage of numerous participating entities that are represented by the COOP group gives the City the ability to receive preferential pricing, terms, and conditions that the marketplace would typically offer only to a much larger organization.

Present Situation
Staff recommends the replacement purchases of two portable 6-column lifts, two 2-post symmetric lifts, and two remote controls and dock kits utilizing a COOP with NASPO ValuePoint. The proposed vehicle lifts will replace existing vehicle lifts to better serve the operational needs of Public Works.

NASPO ValuePoint is a non-profit association that serves as a contracting agency to streamline the procurement process for public agencies and takes advantage of volume purchasing. All NASPO ValuePoint’s Master Agreements are comprised of multiple State procurement representatives and subject matter experts, leveraging the expertise and buying power of the many states and other participating entities. The use of these contracts is optional and is available to California State and local government agencies.

The recommended resolution authorizes the City Manager to execute a COOP through NASPO ValuePoint in the amount of $286,689.32 with Vehicle Service Group, LLC through affiliated vendor Pacific Lift and Equipment Company, Inc. of West Sacramento, CA, for the purchase of two portable 6-column lifts, two 2-post symmetric lifts, and two remote controls and dock kits (Attachment A).

The equipment being replaced will be removed from the fleet and sold at public auction.

City of Stockton Page 2 of 3 Printed on 11/7/2024
powered by Legistar™1576
File #: 24-1012, Version: 1
Findings
Pursuant to Stockton Municipal Code section 3.68.070, Council may approve findings which support an exception to the competitive bid process. These findings include:

1. NASPO ValuePoint established a COOP with Vehicle Service Group, LLC, which include the purchase of two portable 6-column lifts, two 2-post symmetric lifts, and two remote controls and dock kits.

2. The Vehicle Service Group, LLC COOP was established pursuant to formal competitive bidding processes conducted by NASPO ValuePoint on behalf of its governmental members, of which the City is one.

3. Taking advantage of the leveraged procurement agreement negotiated by NASPO ValuePoint will save the administrative expense of City staff conducting a separate procurement.

4. The specifications for the replacement equipment available through the NASPO ValuePoint contract meets the City’s requirements for their equipment type.

FINANCIAL SUMMARY
With the appropriation of funds in the amount of $286,689.32 from the Fleet Internal Service Fund (ISF) to the FY2024/25 Fleet ISF, Equipment Acquisition, Account No. 4530-718-800004-500-000-00- 45-000-000, there will be sufficient funding for the purchase of two portable 6-column lifts, two 2-post symmetric lifts, and two remote controls and dock kits in the amount of $286,689.32.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.

Attachment A - Quote from Pacific Lift and Equipment Company, Inc.

City of Stockton Page 3 of 3 Printed on 11/7/2024
powered by Legistar™1577
Quote # : Prepared By:

Date:

Requested By: *If completion of installation is delayed more Quote Expires: than one month due to governmental entity Payment Terms: delays (i.e. electrical, etc.), Rotary can request Warranty: partial payment for work completed.
(both equipment and installation).

Note:

Project Name:

Model No. Description Per Unit Price Qty. Extended Price MCHM619U100BK $ 79,529.64 2 $ 159,059.28
SPO16N1T0BL 2-Post Symmetric Lift 16,000 lb Capacity w/All TRIO Arms $ 21,693.12 2 $ 43,386.24 FA845-MCH-KIT MACH FLEX Remote Controller, and Dock Kit $ 2,633.00 2 $ 5,266.00 XXX01CTT Installation $ 78,977.80 1 $ 78,977.80
**Please See Attached Scope of Work**
Freight Prepaid by Rotary Lift
*Does not include any applicable sales tax
Total Price: $ 286,689.32
ADDITIONALTERMS AND CONDITIONS: By submitting a purchase order to Vehicle Service Group, LLC. (VSG), customer accepts and agrees to these terms and conditions as additional terms to the extisting agreement between the parties referenced on the face of this quotation (Existing Agreement), notwithstanding anything to the contrary contained therein.

All additional or different terms and conditions contained in Customer's purchase order are hereby rejected. No additional or different terms or conditions, or any modifications, changes, or amendments to these terms of the existing agreement shall be binding on VSG, unless expressly accepted by VSG in writing.

DISCLAIMER: Notwithstanding anything to the contrary in the Existing Agreement, VSG shall not be liable for any loss, damage or additional costs arising from unforeseen conditions affecting installation, including but not limited to contaminated soil, bed rock, in-floor heating system, high water conditions, or any othertype of in-ground conditions. Customer acknowledges and agrees that Customer shall be responsible for any additional costs due to such conditions, in addition to the installation price set forth herein.

DELAY: Notwithstanding anything to the contrary in the Existing Agreement, if delivery of the equipment or completion of the work is delayed by more than thirty (30) days due to the acts or ommission of Customer or any third party other than VSG or its subcontractors, VSG may require Customer to render payment for equipment manufactured or delivered, and portions of the work completed, within thirty (30) days from the date of VSG's invoice, in the amounts set forth in such invoice. *Cancelled orders or returned goods are subject to 20% restocking fee Master Agreement:CW7254 Rotary Lift
CAGE #: 7K311 2700 Lanier Dr.

Tax ID #: 90-0501347 Madison, IN 47250
DUNS #: 00-638-2634 Tammy Boldery, Government Sales Leader 800.445.5438 x 5655
[email protected]
Portable (6) Column Lift W/Remote Control Operation 112,800 lb Capacity Quote for Equipment
City of Stockton, CA
Tammy Boldery
Vehicle Service Group
NASPO ValuePoint
Equipment Quotation
2024451
8/9/2024
Alanna Bindi
12/7/2024
1/2%-15th,NET 30
1yr. Parts & Labor

ATTACHMENT A
1578
llACIFIC LIFT AND
E/1.UIPMENTli/f�PANY
Proposal / Sales Agreement
Prepared on:

Wednesday, August 21, 2024
Submitted to:

City Of Stockton -- Fleet Department
1465 S Lincoln Street
Stockton, CA 95202
Dear Alanna,
Presented by:

Adam Newcomb
Attention to:

Alanna Bindi
209.937.7416
[email protected]