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.
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.
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: __ ________________________
S ignature
___
_________________________
Pr int name
T itle: ________________________
[I
f 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
Ti
tle: _______________________
EXHIBIT 1
4 (Rev. 9.30.22)
EXHIBIT A
EXHIBIT 1
SOURCEWELLSTATE OF MINNESOTA Member ____________ moved the adoption of the following Resolution:RESOLUTION TO APPROVE SOLICITATION AND/OR RE-SOLICITATION OF CATEGORIES7/19/2022Resolution No. 2022-20WHEREAS, 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 Sourcewells cooperative purchasing and contracting program; andWHEREAS, the Chief Procurement Officer recommends approval of categories detailed above.NOW THEREFORE BE IT RESOLVEDthat 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
APPENDIX A
SOURCEWELL PROCUREMENT DEPARTMENT
BOARD ITEMS July 2022
Requesting Board permission to ReSolicit 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 APPENDIX A ContinuedWWRC, Inc. NMR3HVAC060222WRI New MexicoRegion 3Mechanical/HVACJunior Builders NMR3P060222JUB New MexicoRegion 3PlumbingWWRC, Inc. NMR3P060222WRI New MexicoRegion 3PlumbingGM Builders, Inc. NMR3R060222GMB New MexicoRegion 3RoofingJim Sena Construction Co., Inc. NMR3R060222JSCNew MexicoRegion 3RoofingWWRC, Inc. NMR3R060222WRI New MexicoRegion 3RoofingMans Construction Company NMR4E060222MCO New MexicoRegion 4ElectricalConsolidated Builders of NM NMR4GC060222COB New MexicoRegion 4General ConstructionJim Sena Construction Co., Inc. NMR4GC060222JSCNew MexicoRegion 4General ConstructionJunior Builders NMR4GC060222JUB New MexicoRegion 4General ConstructionNational Construction, Inc. NMR4GC060222NCI New MexicoRegion 4General ConstructionWWRC, Inc. NMR4GC060222WRI New MexicoRegion 4General ConstructionWWRC, Inc. NMR4HVAC060222WRI New MexicoRegion 4Mechanical/HVACJunior Builders NMR4P060222JUB New MexicoRegion 4PlumbingMaster Plumbers, LLC NMR4P060222MAPNew MexicoRegion 4PlumbingWWRC, Inc. NMR4P060222WRI New MexicoRegion 4PlumbingDKG & Associates, Inc. NMR4R060222DKG New MexicoRegion 4RoofingGM Builders, Inc. NMR4R060222GMB New MexicoRegion 4RoofingJim Sena Construction Co., Inc. NMR4R060222JSCNew MexicoRegion 4RoofingMans Construction Company NMR4R060222MCO New MexicoRegion 4RoofingWWRC, Inc. NMR4R060222WRI New MexicoRegion 4RoofingMans Construction Company NMR5E060222MCO New MexicoRegion 5ElectircalRoss Wes Electrical Services NMR5E060222RWE New MexicoRegion 5ElectircalCore Construction Services of Texas NMR5GC060222CCTNew MexicoRegion 5General ConstructionConsolidated Builders of NM NMR5GC060222COB New MexicoRegion 5General ConstructionGM Builders, Inc. NMR5GC060222GMB New MexicoRegion 5General ConstructionHB Construction, Inc. NMR5GC060222HCO New MexicoRegion 5General ConstructionWhite Sands Construction, Inc. NMR5GC060222WSCNew MexicoRegion 5General ConstructionDKG & Associates, Inc. NMR5R060222DKG New MexicoRegion 5RoofingGM Builders, Inc. NMR5R060222GMB New MexicoRegion 5RoofingMans Construction Company NMR5R060222MCO New MexicoRegion 5RoofingNational Roofing Company, Inc. NMR5R060222NRCNew MexicoRegion 5RoofingSmith Roofing, Inc. NMR5R060222SMRNew MexicoRegion 5RoofingIDIQ Contract ExtensionsCompany Name Contract NumberPlace Services, Inc. KYEGC01062420PLSThe Lusk Group KYERW01062420LMCCalhoun Construction Services KYNCGC02062420CACThe Lusk Group KYWE02062420LMCTecta America Corp. KYWRW02062420TEAPlace Services, Inc. KYNCGC03062420PLSPlace Services, Inc. KYNCE01062420PLSThe Lusk Group KYNCRW01062420LMCThe Lusk Group KYNCE02062420LMCThe Lusk Group KYWRW01062420LMCTecta America Corp. KYNCRW02062420TEATecta America Corp. KYERW02062420TEATriton Services, Inc. KYNCHVAC01062420TRSThe Lusk Group KYWGC03062420LMCThe Lusk Group KYEHVAC01062420LMCThe Lusk Group KYEE02062420LMCThe Lusk Group KYNCGC05062420LMCThe Lusk Group KYEGC03062420LMCPlace Services, Inc. KYWE01062420PLSPlace Services, Inc. KYWGC01062420PLSPlace Services, Inc. KYEE01062420PLSTriton Services, Inc. KYNCGC01062420TRSThe Lusk Group KYWHVAC01062420LMCF.H. Paschen, S.N. Nielsen & Associates, LLC KYNCGC04062420FHPF.H. Paschen, S.N. Nielsen & Associates, LLC KYWGC02062420FHPF.H. Paschen, S.N. Nielsen & Associates, LLC KYEGC02062420FHPThe Lusk Group KYNCHVAC02062420LMC EXHIBIT 1
SOURCEWELLSTATE OF MINNESOTA Member ____________ moved the adoption of the following Resolution:RESOLUTION TO RATIFY COOPERATIVE CONTRACTING AWARDS12/20/2022Resolution No. 2022-34WHEREAS, 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; andWHEREAS, through the Sourcewell Procurement Policy, the Board designated the Chief Procurement Officer to administer Sourcewells cooperative purchasing and contracting program and to award all competitively solicited contracts, without limitation; andWHEREAS, the Chief Procurement Officer made the awards listed based on the results of the competitive solicitation process; andWHEREAS, 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 RESOLVEDby 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
APPENDIX ASOURCEWELL PROCUREMENT DEPARTMENTBOARD ITEMSDecemberr 2022NONERequesting Board permission to ReSolicit the following categories:NEW CONTRACTSSupplier Name Contract NumberSolicitation TitleAxon Enterprise, Inc.092722AXN"Conducted Energy Weapons"Phazzer, LLC092722PZR"Conducted Energy Weapons"Caterpillar, Inc. 092222CAT"Electrical Energy Power Generation Equipment with RelatedParts, Supplies and Services"Cummins, Inc.092222CMM"Electrical Energy Power Generation Equipment with RelatedParts, Supplies and Services"Generac Power Systems 092222GNR"Electrical Energy Power Generation Equipment with RelatedParts, Supplies and Services"Kohler Company 092222KOH"Electrical Energy Power Generation Equipment with RelatedParts, Supplies and Services"MTU Americas dba RollsRoyce Solutions America, Inc. 092222RYC"Electrical Energy Power Generation Equipment with RelatedParts, Supplies and Services"CONTRACT EXTENSIONSSupplier Name Contract NumberSolicitation TitleCompany Name Contract NumberStateRegionType of WorkErnst & Young Advisors 101718EYG"Wireless Technology Infrastructure Consultative Services"W.W. Grainger, Inc. 121218WWG"Facility MRO, Industrial & Building Supplies with RelatedEquipment, Accessories, Supplies & Services"CNH Industrial 032119CNH"Heavy Construction Equipment with Related Accessories,Attachments, and Supplies"Hyundai Construction Equipment 032119HCE"Heavy Construction Equipment with Related Accessories,Attachments, and Supplies"Komatsu America Corp. 032119KOM"Heavy Construction Equipment with Related Accessories,Attachments, and Supplies"Volvo, LLC 032119VCE"Heavy Construction Equipment with Related Accessories,Attachments, and Supplies"SHI International Corp. 081419SHI"Technology Catalog Solutions"CDW Government, LLC 081419CDW"Technology Catalog Solutions"GovConnection, Inc. 081419GVC"Technology Catalog Solutions"Colonial Life & Accident Insurance 100319CLA"Group Employee Benefits and Related Services"National Cooperative Leasing 011620NCL"TaxExempt Municipal Leasing with Related Services"Staples Contract & Commercial 012320SCC"Office Supply Catalog Solutions"NEW IDIQ CONTRACTSIDIQ Contract ExtensionsCompany Name Contract NumberLee Construction and Maintenance Company TXNTEC101619LCM Recycling and Repurposing EquipmentSalt, Brine, and AntiIcing or DeIcing Agents, and Brine Production and Storage SystemsEmployee Financial Wellness Programming and Related EmployerSponsored Financial SolutionsRequesting Board permission to Solicit the following categories:Scoreboards, Digital Displays, and Video Boards with Related ServicesEXHIBIT 1BOARDITEMSDecemberr2022 "ElectricalEnergyPowerGenerationEquipmentwithRelatedCaterpillar,Inc.092222CATParts,SuppliesandServices""ElectricalEnergyPowerGenerationEquipmentwithRelatedCummins,Inc.092222CMMParts,SuppliesandServices""ElectricalEnergyPowerGenerationEquipmentwithRelatedGeneracPowerSystems092222GNRParts,SuppliesandServices""ElectricalEnergyPowerGenerationEquipmentwithRelatedKohlerCompany092222KOHParts,SuppliesandServices""ElectricalEnergyPowerGenerationEquipmentwithRelatedMTUAmericasdbaRollsRoyceSolutionsAmerica,Inc.092222RYCParts,SuppliesandServices" APPENDIX A ContinuedG2 General Contractors TXNTAPC101619GGCG2 General Contractors TXNTP101619GGCG2 General Contractors TXNTW101619GGCCentennial Contractors Enterprises, Inc. TXNTGC101619CCEGomez Floor Covering, Inc. dba GFC Contracting TXNTF101619GFCDallas Harmony Construction, LLC TXNTAPC101619DHCCORE Construction Services of Texas, Inc. TXNTAPC101619CCTCORE Construction Services of Texas, Inc. TXNTP101619CCTLee Construction and Maintenance Company TXNTP101619LCMGomez Floor Covering, Inc. dba GFC Contracting TXNTP101619GFCLee Construction and Maintenance Company TXNTGC101619LCMWR Construction, Inc. TXPHGC101619WRCCORE Construction Services of Texas, Inc. TXPHGC101619CCTCORE Construction Services of Texas, Inc. TXPHAPC101619CCTCORE Construction Services of Texas, Inc. TXPHP101619CCTTriState General Contracting Group, Inc. TXPHGC101619JRTG2 General Contractors TXNTGC101619GGCG2 General Contractors TXNTRC101619GGCDallas Harmony Construction, LLC TXNTGC101619DHCDallas Harmony Construction, LLC TXNTP101619DHCDallas Harmony Construction, LLC TXNTF101619DHCFreedom Constructiona series of tFg Companies, LLC TXNTGC101619FRCTeinert Construction TXPHGC101619TCBSDB, Inc. TXPHGC101619SDBLee Construction and Maintenance Company TXNTF101619LCMTeinert Construction TXNTGC101619TCBCORE Construction Services of Texas, Inc. TXNTGC101619CCTHenthorn Commercial Construction, LLC TXNTGC101619HCLCORE Construction Services of Texas, Inc. TXPHF101619CCTF.H. Paschen, S.N. Nielsen & Associates, LLC TXNTGC101619FHPSDB, Inc. TXNTGC101619SDBCORE Construction Services of Texas, Inc. TXNTF101619CCTF.H. Paschen, S.N. Nielsen & Associates, LLC TXPHGC101619FHPNouveau Construction and Technology Services, LP TXNTGC101619NCTHenthorn Commercial Construction, LLC TXPHGC101619HCLJulius Kaaz Construction Company, Inc. MOKCP01111319JKCStraub Construction Company, Inc. KSEGC01111319STCBKM Construction, LLC MOKCGC02111319BKMStraub Construction Company, Inc. MOKCGC04111319STCRoofConnect Logistics, Inc. KSER02111319RCLRoofConnect Logistics, Inc. MOKCR02111319RCLJulius Kaaz Construction Company, Inc. MOKCGC01111319JKCMTS Contracting, Inc. MOKCGC03111319MTSBKM Construction, LLC KSWGC01111319BKMRoofConnect Logistics, Inc. KSWR02111319RCLPlatinum Roofing, Inc. KSER01111319PLRPlatinum Roofing, Inc. KSWR01111319PLRMTS Contracting, Inc. KSEGC03111319MTSPlatinum Roofing, Inc. MOKCR01111319PLRBKM Construction, LLC KSEGC02111319BKM EXHIBIT 1
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
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
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 HNL1500kw 20%G3516 NQL1500kw 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 kW22%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 MWG3520C 60 HZ, Natural Gas G3520CLGL and G3520CLPL20%ALL G3520H 60 HZ, Natural Gas G3520HNPL20%ALL CHP Solutions Packages HPS1500N, HPS2000N, HPS2500N1.4 - 2.5 MW20%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
(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
Sourced Goods & Support Service ProvidedElectrical Energy Power Generation with Related Parts, Supplies, and Services.Extended Service Contracts5% off list price / typical sale price if no list price is availableMaintenance Agreements5% off list price / typical sale price if no list price is availableInstallation5% off list price / typical sale price if no list price is availableCustom Fuel Tank5% off list price / typical sale price if no list price is availableCustom ATS5% off list price / typical sale price if no list price is availableGeneral Contracting Labor5% off list price / typical sale price if no list price is availableDealer Labor5% off list price / typical sale price if no list price is availableAdditional/Custom Parts5% off list price / typical sale price if no list price is availableCaterpillar Sourced Goods & Support Services MultiplierSourcewell Member PricingCustom Shop Work5% off list price / typical sale price if no list price is availableCustom Enclosure5% off list price / typical sale price if no list price is availableDelivery/Freight5% off list price / typical sale price if no list price is availableTraining5% off list price / typical sale price if no list price is availableEngineering Services5% off list price / typical sale price if no list price is available #Caterpillar: Confidential Green
EXHIBIT 1
Caterpillar Used Equipment MultiplierEvery used product will receive the new product family member discount plus at least a 10% discountElectrical Energy Power Generation with Related Parts, Supplies, and Services. #Caterpillar: Confidential Green
EXHIBIT 1
Sourced Good or Support Service ProvidedElectrical Energy Power Generation with Related Parts, Supplies, and Services.Caterpillar Rental Agreements Product & Services MultiplierSourcewell Member PricingRental Agreements 10% off dealer list price #Caterpillar: Confidential Green
EXHIBIT 1
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
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
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. OConnor 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 Sourcewells 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
092222-CAT
Rev. 3/2022 2
Suppliers 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 Suppliers product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entitys 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. Suppliers dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturers warranty that extends beyond the expiration of the Suppliers 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 Suppliers 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 Suppliers 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 Suppliers Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entitys 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 Entitys 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
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 tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt 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
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. Sourcewells 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 Entitys 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 Entitys use of this Contract is at the Participating Entitys 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. Suppliers employees may be required to perform work at government- owned facilities, including schools. Suppliers 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
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.
Suppliers 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 e- commerce 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 Entitys requirements.
EXHIBIT 1
092222-CAT
Rev. 3/2022 6
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entitys 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
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 Suppliers name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above Attn: Accounts Receivable or remitted electronically to Sourcewells banking institution per Sourcewells 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 Contracts 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.
Suppliers Authorized Representative is the person named in the Suppliers Proposal. If Suppliers 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
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 Sourcewells 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 Sourcewells relationship with Supplier.
EXHIBIT 1
092222-CAT
Rev. 3/2022 9
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Suppliers trademarks in advertising and promotional materials for the purpose of marketing Suppliers 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 partys 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 partys trademarks only in good faith and in a dignified manner consistent with such partys 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 partys name or logo (excepting Sourcewells 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 Sourcewells 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
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 partys 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
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 Employers 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
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 Employers 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 Suppliers 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 Suppliers 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
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. Suppliers 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 Suppliers 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
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 Suppliers 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
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
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 toensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewedby 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 thezipped 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
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
EXHIBIT 1
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 Carolinas The State, August 5, 2022 in Oregons 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
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
Sourcewell Page 3 of 4
service technicians, 468 locations, over 8,000 service bays and 8,500 field service trucks. Caterpillars 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
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 Sourcewells 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 Sourcewells Procurement Policy.
Dr. Chad Coauette
Executive Director/CEO
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
Order Number:Classification:Package:Order Cost:Job DetailsIPL0083829Legals & Public NoticesCOL - Legal Ads$137.40Account DetailsSOURCEWELL IPPO BOX 219STAPLES, MN [email protected] State (Columbia)All ZonesFrom:The Legals AdportalTo:Carol JacksonSubject:Thank you for placing your order with us IPL0083829Date:Monday, August 1, 2022 8:28:23 AMEXTERNALTHANK 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 yourrecords. This transaction will show up on your credit card statement as McClatchy.Schedule for ad number IPL00838290Thu Aug 4, 2022 EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
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
CategoriesSelected CategoriesGSIN Category (1)CConstructionConstruction515Special trade construction workSpecial trade construction work5150BKPOWER GENERATIONPOWER GENERATIONMERX Category (1)GGoodsGoodsG10Electrical and ElectronicsElectrical and ElectronicsUNSPSC Category (1)26000000Power Generation and Distribution Machinery and Accessories26110000Batteries and generators and kinetic power transmission26111600Power generators 092222 - Electrical Energy Power Generation Equipment wi... 2022/08/04 09:06:48 AM EDT Page 2 of 2
EXHIBIT 1
Caterpillar Cummins Inc. DD DANNAR, LLC Fermata LLC Generac Power SystemsPossible PointsConformance to RFPRequirements5044 42 42 38 44 Pricing400315 329 315 308 338 Financial Viability andMarketplace Success7568 64 55 51 67 Ability to Sell and DeliverService10091 84 72 68 83 Marketing Plan5044 38 43 39 45 Value Added Attributes7567 65 66 57 65 Warranty5043 43 44 41 43 Depth and Breadth of OfferedEquipment, Products, orServices200183 178 144 123 169 Total Points 1,000 855 843 781 725 854Rank Order1 3 7 9 2Kohler Power Systems PowerSecure IncRollsRoyce Solutions AmericaInc. TAYLOR POWER SYSTEMS The XGroup of companiesPossible PointsConformance to RFPRequirements5044 43 40 40 36 Pricing400305 298 325 270 220 Financial Viability andMarketplace Success7564 62 63 53 49 Ability to Sell and DeliverService10086 75 82 65 64 Marketing Plan5044 43 36 36 33 Value Added Attributes7566 62 53 53 51 Warranty5044 41 41 42 39 Depth and Breadth of OfferedEquipment, Products, orServices200181 167 165 167 125 Total Points 1,000 834 791 805 726 617Rank Order4 6 5 8 10Kim Austin, MBA, CPPB, Procurement Lead Analyst Brandon Town, CPSM, CPSD, Procurement AnalystCraig West, Procurement Analyst James Voelker, CPCM, CFCM, Procurement Lead Analyst Proposal EvaluationElectrical Energy Power Generation Equipment with Related Parts, Supplies, and Services RFP #092222 EXHIBIT 1
Proposal Opening RecordDate of opening: September 22, 2022Sourcewell posted Request for Proposal #092222, for the procurement of Electrical Energy Power GenerationEquipment with Related Parts, Supplies, and Services, on the Sourcewell Procurement Portal[proportal.sourcewellmn.gov] on Thursday, August 4, 2022, and the solicitation remained in an open statuswithin the portal until September 22, 2022, at 4:30 pm CT. The RFP required that all proposals be submittedthrough the Sourcewell Procurement Portal no later than 4:30 pm CT on September 22, 2022, the date and timespecified in the Solicitation Schedule.The undersigned certify that all responses received on Request for Proposal #092222 were submitted throughthe Sourcewell Procurement Portal, and that eachProposersresponse material was digitally sealed uponsubmission 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 AMCummins, Inc.Submitted 9/22/22 at 8:52:00 AMDD DANNAR, LLCSubmitted 9/20/22 at 12:20:58 PMFermata, LLCSubmitted 9/22/22 at 2:42:17 PMGenerac Power Systems, Inc.Submitted 9/22/22 at 10:19:18 AMKohler Power SystemsSubmitted 9/16/22 at 9:04:00 AMPowerSecure, Inc.Submitted 9/21/22 at 11:54:08 AMRollsRoyce Solutions America, Inc. (MTU Americas, Inc.)Submitted 9/22/22 at 3:27:52 PMTaylor Power Systems, Inc.Submitted 9/22/22 at 1:56:49 PMThe XGroup of Companies (Turbine X Energy, Inc.)Submitted 9/22/22 at 4:19:35 PMThe Proposals were opened electronically, and a list of all Proposers was made publicly available in theSourcewell Procurement Portal, on September 22, 2022, at 4:31:32 PM CT. All responsive proposals werethen submitted for review by the Sourcewell Evaluation Committee.__________________________________________ ______________________________Kim Austin, MBA, CPPB, Procurement Lead Analyst Carol Jackson, Procurement Analyst EXHIBIT 1
Rev. 3/2022 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 1 RFP #092222REQUEST 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, 2022Pre-proposal Conference: August 30, 2022, 10:00 a.m., Central TimeQuestion Submission Deadline: September 14, 2022, 4:30 p.m., Central TimeProposal 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 TimeSee RFP Section V.G. “Opening” EXHIBIT 1
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
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-for- vendors/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
Rev. 3/2022 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 4 B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICESIt 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 withRelated Parts, Supplies, and Services, including, but not limited to:a. Stationary electrical generation systems, backup or standby generator sets, mobile andground 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 andmaintenance agreements, decommissioning and repurposing, custom shop work, andrental 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 theextent that these solutions are complementary to the power generation solutions being offeredin 1. a. Proposers may include no more than a complementary or incidental offering fromrenewable energy sources such as wind, solar and microgrid solutions. This solicitation shouldNOT be construed to include “services-only” solutions.3. This solicitation does not include those equipment, products, or services covered undercategories 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 withRelated 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
Rev. 3/2022 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 5 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 third-party 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. REQUIREMENTSIt 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 orregulatory standards or codes.2. Deviation from Industry Standard. Deviations from industry standards must beidentified with an explanation of how the equipment, products, and services will provideequivalent function, coverage, performance, and/or related services.3. Equipment and Products. Proposed equipment and products must be for new, currentmodel; however, proposer may offer certain close-out equipment or products, and usedor refurbished equipment, if it is specifically noted in the Pricing proposal.4. Delivered and operational. Unless clearly noted in the proposal, equipment andproducts must be delivered to the Participating Entity as operational.5. Warranty. All equipment, products, supplies, and services must be covered by awarranty that is the industry standard or better.D. ANTICIPATED CONTRACT TERM EXHIBIT 1
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
Rev. 3/2022 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 7 A. REQUIREMENTSAll proposed pricing must be:1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination ofthese:a.Line-item Pricing is pricing based on each individual product or services. Each line mustindicate 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 froma catalog or list price, defined as a published Manufacturer’s Suggested Retail Price(MSRP) for the products or services. Individualized percentage discounts can beapplied to any number of defined product groupings. Proposers will be responsiblefor providing and maintaining current published MSRP with Sourcewell, and thispricing must be included in its proposal and provided throughout the term of anycontract resulting from this RFP.2. The proposer’s not to exceed price. A not to exceed price is the highest price for whichequipment, products, or services may be billed to a Participating Entity. However, it ispermissible 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., thecost of the proposed equipment, products, and services delivered and operational for itsintended 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 FEESProposers 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. CONTRACTProposers 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
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
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
Rev. 3/2022 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 10 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 REQUIREMENTSProposals must be:In substantial compliance with the requirements of this RFP or it will be considerednonresponsive 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 WITHDRAWALPrior to the proposal deadline, a proposer may withdraw its proposal. G. OPENINGThe 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 AWARDA. EVALUATION EXHIBIT 1
Rev. 3/2022 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 11 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 ofresponsive proposals);The number and geographic location of highest-scoring proposers that offer:oA comprehensive selection of the requested equipment, products, or services;oA sales and service network ensuring availability and coverage for ParticipatingEntities’ use; andoOther attributes of the proposer or contents of its proposal that assist ParticipatingEntities 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 50Financial Viability and Marketplace Success 75Ability to Sell and Deliver Service 100Marketing Plan 50Value Added Attributes 75Warranty 50Depth and Breadth of Offered Equipment, Products, or Services 200Pricing 400TOTAL POINTS 1000C. PROTESTS OF AWARDS EXHIBIT 1
Rev. 3/2022 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 12 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; andProtest 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 RESERVEDThis 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 orsuspended by the United States or Canada, State of Minnesota, Participating Entity’sstate or province; has an officer, or other key personnel, who have been charged with aserious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are areasonable prospect;Waive or modify any informalities, irregularities, or inconsistencies in the proposalsreceived; EXHIBIT 1
Rev. 3/2022 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 13 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 ofParticipating Entities; andAward a contract to one or more proposers if it is in the best interest of ParticipatingEntities.E. DISPOSITION OF PROPOSALSAll 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
8/10/2022Addendum No. 1 Solicitation Number: RFP 092222Solicitation Name: Electrical Energy Power Generation Equipment with Related Parts,Supplies, and ServicesConsider the following Question and Answer to be part of the above-titled solicitationdocuments. The remainder of the documents remain unchanged.Question 1:In the RFP Questionnaire, Table 1, Question 2 – “Identify all subsidiary entities of theProposer whose equipment, products, or services are included in the Proposal.” Ifdistributors are involved in the process, is Sourcewell asking to list all distributors or isthis strictly at the OEM level?Answer 1:In the competitive process, Sourcewell will not advise a proposer on the content of theproposal. It is left to the discretion of each proposer to determine and identify those ofits subsidiary entities whose equipment, products, or services are included in theProposal (if any). End of AddendumAcknowledgement of this Addendum to RFP 092222 posted to the SourcewellProcurement Portal on 8/10/2022, is required at the time of proposal submittal.
EXHIBIT 1
8/30/2022Addendum No. 2 Solicitation Number: RFP 092222Solicitation Name: Electrical Energy Power Generation Equipment with Related Parts,Supplies, and ServicesConsider the following Question and Answer to be part of the above-titled solicitationdocuments. 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. Forexamples of current Sourcewell-awarded contracts, navigate to the page on theSourcewell website at the following address:https://www.sourcewell-mn.gov/contract-searchand enter the relevant search term. A currently active contract offering similarsolutions is #120617. End of AddendumAcknowledgement of this Addendum to RFP 092222 posted to the SourcewellProcurement Portal on 8/30/2022, is required at the time of proposal submittal.
EXHIBIT 1
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
9/09/2022Addendum No. 4 Solicitation Number: RFP 092222Solicitation Name: Electrical Energy Power Generation Equipment with Related Parts,Supplies, and ServicesConsider the following Question and Answer to be part of the above-titled solicitationdocuments. The remainder of the documents remain unchanged.Question 1:We provide solar electrical power generation equipment and services. Will you confirmwhether we may respond to this solicitation?Answer 1:Each Sourcewell RFP is an open and competitive solicitation process. In the competitiveprocess, Sourcewell will not pre-evaluate a proposer’s offerings.Each proposer, in its discretion, will propose the equipment, products, and services thatit deems to fall within Sourcewell’s requested equipment, products, and services asdescribed in the RFP. Only those products within the scope of the RFP will be included inany contract awarded by Sourcewell as a result of the solicitation. Each Proposal will beevaluated based on the criteria stated in the RFP.End of AddendumAcknowledgement of this Addendum to RFP 092222 posted to the SourcewellProcurement Portal on 9/09/2022, is required at the time of proposal submittal.
EXHIBIT 1
5 (Rev. 9.30.22)
EXHIBIT B
INSURANCE REQUIREMENTS
NOT APPLICABLE – PURCHASE OF GOODS
EXHIBIT 1
6 (Rev. 9.30.22)
EXHIBIT C
EXHIBIT 1
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 Quo
te # ddh091624A – Sourcewell Member’s Account # 26357
Holt of California, Inc is pleased to present the following quotation:
XQ
125 – 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
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
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
Pr
oject: Main Police – Sourcewell Pricing
Q
uote # ddh091624C – Sourcewell Member’s Account # 26357 Holt of California, Inc is pleased to present the following quotation:
D
500 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 Fox
fab 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
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
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
Pr
oject: Stribley Community Center– Sourcewell Pricing
Q
uote # ddh091624B – Sourcewell Member’s Account # 26357 Holt of California, Inc is pleased to present the following quotation:
D
500 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 Fox
fab 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
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
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 C
18 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 - A
uto 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 Foxfa
b 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
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.
E
xception and Clarification:
T
his quote is based on verbal specifications with the following exceptions/clarifications.
N
ote: 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.
E
quipment 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.
A
ll 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.
G
as 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.
N
o special lugs included in our quotes unless specifically identified on our proposal. You will receive the standard lugs for the provided breakers.
EXHIBIT 1
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.
S
UBMITTALS: Submittal drawings will be available approximately 2 to 4 weeks after receipt of purchase order.
O
ne (1) copy of factory standard, operations and maintenance manuals.
T
his 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.
W
ITH 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.
C
REDIT: Subject to approval.
C
ANCELLATION 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.
S
incerely,
B
y
Dave Harris
Sales Engineer
Power Systems Division
916-373-4183 o
916-826-3148 c
916-373-4146 f
[email protected]
EXHIBIT 1
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 sign ed by Holt and Customer. This Agreement may be executed and delivered by facsimile.
2. S
ALE 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 Est imated 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 Custom er 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 an d conformance of the Goods.
4. W
AIVER/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 enti re 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. L
IMITATION 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. A
TTORNEY’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. INDE
MNITY. 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
AR
ISING 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 AC
KNOWLEDGES 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
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. S
ECURITY 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 b ut 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. S
UCCESSORS 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. P
URCHASE 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.
T
ERMS 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