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2022 07 11 Consent 302 - WTP #3 Emergency Generator Purchase
• CONSENT AGENDA ITEM 302 n, CITY COMMISSION AGENDA I JULY 11, 2022 REGULAR MEETING 1959 TITLE WTP #3 Emergency Generator Purchase SUMMARY The purpose of this Agenda item is to request authorization for the purchase of one (1) 400 KW generator from Catepillar. Water Treatment Plant # 3 currently does not have on-site backup generator power at the facility. The facility is not currently fully functional during a power interruption. This equipment will provide necessary power capability to operate the entire facility during a power interruption or natural disaster event. The local representative is Ring Power Systems and will provide the equipment. A separate agenda item for construction of the improvements and installation of the equipment will presented to the Commission for approval at a future meeting. The cost of this item is $169,556.95 (utilizing the Sourcewell [National Joint Powers Alliance] Contract 120617-CAT). RECOMMENDATION Staff recommends the City Commission award a contract to Ring Power Systems in the amount of$169,556.95 for the purchase of one (1) 40OKW fixed generator, utilizing the Sourcewell [National Joint Powers Alliance] Contract 120617-CAT. Additionally, authorization for the City Manager and the City Attorney is requested to prepare and execute any and all applicable contract documents consistent with this Agenda item. 1 PIGGYBACK RIDER—RING POWER SYSTEMS THIS "PIGGYBACK" RIDER AGREEMENT ("Agreement") is made and entered into this 14th day of June , 2022, between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City') and RING POWER CORPORATION, dba RING POWER SYSTEMS, a Florida corporation with principal offices located at 500 World Commerce Parkway, St. Augustine, FL 32092 and with offices located at 9901 Ringhaver Drive, Orlando, FL 32824 ("Contractor" or "Ring Power"). The City and the Contractor agree as follows: 1. The Purchasing Policies of the City of Winter Springs allow for "piggybacking" contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government contract, and there is no need to obtain formal or informal quotations, proposals or bids. The parties agree that the Contractor is an authorized Caterpillar, Inc. dealer and that Caterpillar, Inc. has entered into a contract with Sourcewell (formerly National Joint Purchasing Alliance "NJPA"), said contract being identified as the: Agreement (Contract #120617-CAT) for the Procurement of Electrical Energy Power Generation with Related Parts, Supplies and Services, dated January 29, 2018, and further extended by that Letter of Agreement to Extend the Contract, dated February 13, 2021 (said original contract being referred to as the "Original Government Contract"). The Parties further agree that Contractor, as an authorized dealer of Caterpillar, Inc., is obligated to abide by the provisions of the Original Government Contract and is obligated to sell the products contained therein upon the same terms as provided in the Original Government Contract to the City of Winter Springs, except to the extent as modified herein. Through this Agreement, the City agrees to purchase certain equipment with specified options as listed in the Quotation 2. The Original Government Contract is incorporated herein by this reference and is attached as Exhibit "1" to this Agreement. All of the terms and conditions set forth in the Original Government Contract (Exhibit "1") are fully binding on the parties and said terms and conditions are incorporated herein except to the extent expressly modified herein. 3. Notwithstanding the requirements that the Original Government Contract is fully binding on the parties, the parties have agreed to modify certain provisions of the Original Government Contract as applied to this Agreement between the Contract and the City of Winter Springs, as follows: a) Notwithstanding anything in Exhibit "1" to the contrary, the City of Winter Springs shall be entitled to enforce all contractual obligations of Caterpillar, Inc. against the Contractor as Caterpillar's authorized product dealer and shall be entitled to enjoy all contractual privileges afforded to Sourcewell in the Original Government Contract for the duration of this Agreement and related to its purchase of products from Contractor as provided herein. b) Notwithstanding anything in Exhibit "1" to the contrary, including the expiration or early termination of the Original Government Contract, the term of this Agreement with the City of Winter Springs shall take effect on the date of its execution by the City and Contractor (the "Effective Date") and continue until the product order contained in the Quotation is completed or terminated, including the expiration of all warranty periods, except to the extent the City of Winter Springs elects to terminate this Agreement early upon the terms contained herein. Piggyback Rider City of Winter Springs and Ring Power Systems Page 1 of 6 2 C) Section 1.A.—of the Original Government Contract shall be amended to provide that the Contract Documents shall consist of (1) this Rider; (2) the Original Government Contract, together with all exhibits, attachments, and duly executed amendments; (3) the Quotation/Sales Agreement/Security Agreement' dated May 12, 2022 ("Quotation"), incorporated herein by this reference and attached as "Exhibit 2"; and (4) the applicable Warranty Sheets for the equipment to be purchased, incorporated herein by this reference and attached as "Exhibit 3". The order of precedence will be as follows in the event of a conflict among the Contract Documents: this Rider, the Original Government Contract,the Quotation, and the Warranty Sheets. d) Section 8.H - of the Original Government Contract - Force Majeure - shall be stricken and replaced with the following: Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving Contractor's labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; or order by any regulatory agency, provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. In such event that Contractor's performance is suspended for more than sixty (60) days during the term hereof, City may, at its option, terminate this Agreement upon written notice to the Contractor. e) Section 5.G — of the Original Government Contract — Insurance — shall be supplemented as follows: During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth under this Paragraph. The insurance policies provided hereunder by CONTRACTOR shall also include coverage with respect to services performed by all agents and independent contractors employed by CONTRACTOR to perform any services hereunder. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $1,000,000 as the combined single limit for each occurrence and $2,000,000 general aggregate with a deductible not less than $5,000 unless otherwise approved in writing by the City Manager to protect the CONTRACTOR from claims of property damages which may arise from any work/services performed under this Agreement whether such work/services are performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. i The Security Agreement portion of the Quotation/Sales Agreement is stricken as provided in Section 3() herein. Piggyback Rider City of Winter Springs and Ring Power Systems Page 2 of 6 3 C. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $1,000,000 for all of its employees performing Work for the CLIENT pursuant to this Agreement. All required insurance must be from insurance carriers that have a rating of "A" or better and a financial size category of "VII" or higher according to the A.M. Best Company (or equivalent rating and rating service as reasonably determined by the City Manager). Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the CITY by CONTRACTOR upon the Effective Date of this Agreement which satisfied the insurance requirements of this Section. Renewal certificates shall be sent to the CITY at the time of any expiration. There shall also be a 30-day advance written notification to the CITY in the event of cancellation or material modification of any stipulated insurance coverage. The CITY shall be an additional insured on all stipulated insurance policies as its interest may appear, from time to time,excluding worker's compensation and professional liability policies. 4. The Quotation is incorporated herein by this reference and is attached as Exhibit "2" to this Agreement. All of the terms and conditions set forth in the Quotation (Exhibit "2") are fully binding on the parties and said terms and conditions are incorporated herein except to the extent expressly modified herein. a) The Estimated Shipping Lead Time is reduced to 40 weeks. b) Payment shall be due and payable as provided by the Florida Local Government Prompt Payment Act s.218.70 et. seq., Florida Statutes. C) The City shall not grant to Contractor a security interest in equipment. d) Pricing shall be revised at the time of release of the generator to production, which shall be accepted by the City of Winter Springs. Pricing will remain firm after the time the generator is released to production. The City will not accept price increases thereafter, including those prevailing on the date of shipment. e) The Notice to Buyer regarding Covid-19 shall be stricken. 5. The following additional terms are agreed to by the Parties: a) Indemnification — Contractor agrees to protect, indemnify, save and hold harmless City, its elected and appointed officials, officers, attorneys, and employees, from and against all losses, costs and expenses and from and against all claims, demands, suits and actions for damages, losses, costs, attorneys fees, expenses and from and against all liability awards,judgements, and decrees of whatsoever nature for any and all damages to property of the City or others of whatsoever nature Piggyback Rider City of Winter Springs and Ring Power Systems Page 3 of 6 4 and for any and all injury to any person (including death) arising out of or resulting from negligence of Contractor, breach of this Agreement in the performance of services or the manufacture of goods, from any defect in materials or workmanship, from the failure of the goods to perform to its full capacity as specified in the Agreement, specifications of other data, or from the breach of any express or implied warranty. b) Price Protection - Contractor warranties that the price(s) set forth herein are equal to the lowest net price, and the terms and conditions of sale as favorable as the price(s), terms and conditions afforded by the Contractor to any other customer for goods or services of compatible grade or quality during the terms hereof. Should City be able to purchase goods or services of the same or comparable quality from another source at a lower delivered cost then in effect hereunder, and City gives Contractor written notice hereto, City may purchase such goods or services from such other sources at such lower delivered cost unless within fifteen days of receipt by Contractor of said notice, Contractor meets such lower delivered cost for such quantity of goods or services. Any quantity of goods or services so purchased from another source by City shall be deducted from the total quantity offered on this Agreement, but the Agreement shall otherwise remain unaffected. C) Fiscal Year Funding Appropriation - (a) Specified Period. Unless otherwise provided by law, a purchase order for supplies or services may be entered into for any period of time deemed to be in the best interest of the City, provided the term of the purchase order and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the initial fiscal period of the purchase order. Payment and performance obligations for succeeding fiscal periods shall be subject to the annual appropriation by City Council. (b) Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year period, the purchase order shall be cancelled and the contractor shall be entitled to reimbursement for the reasonable value of any work performed to the date of cancellation. d) Termination for Convenience - The City further reserves the right to terminate all or part of the work to be performed pursuant to this Agreement for any reason. In such event, City shall be liable only for materials or work done within the authorization of this Agreement up to the date of termination. In no event shall City be liable for incidental or consequential damages by reason of such termination. e) Public Records - Pursuant to Chapter 119, Florida Statutes, CONTRACTOR agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission, of CONTRACTOR related, directly or indirectly, to the services provided to the City under this Agreement and made or received pursuant to law or ordinance or in connection with the transaction of official business by the City, may be deemed to be a public record, whether in the possession or control of the City or the CONTRACTOR. Said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing Piggyback Rider City of Winter Springs and Ring Power Systems Page 4of6 5 software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission of CONTRACTOR are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's designated custodian of public records. Upon request by the City, the CONTRACTOR shall promptly supply copies of said Public Records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during normal business hours of the CONTRACTOR be open and freely exhibited to the City for the purpose of examination and/or audit. Failure by CONTRACTOR to grant such access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the City upon delivery of a written notice of cancellation. If the CONTRACTOR fails to comply with this Section, and the City must enforce this Section, or the City suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this Section, the City shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against CONTRACTOR. And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages which the City had to pay a third party because of the CONTRACTOR's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: City Clerk, City of Winter Springs, 1126 East State Road 434, Winter Springs, FL 32708 or City-Clerk-Department@winterspringsfl.org or(407) 327-6560. f) E-Verify Registration and Use—Is hereby included as follows: A. Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, Contractor shall register with and use the U.S. Department of Homeland Security's E-Verify system, https://e- verify.uscis.gov/em p, to verify the work authorization status of all employees hired on and after January 1, 2021. B. Subcontractors (i) Contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. (ii) Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. (iii) Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. C. Contractor must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E- Verify system and a copy of their proof of registration in the E-Verify system. Piggyback Rider City of Winter Springs and Ring Power Systems Page 5 of 6 6 D. Failure to comply with this provision is a material breach of the Agreement, and shall result in the immediate termination of the Agreement without penalty to the City. Contractor shall be liable for all costs incurred by the City securing a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. g) Sovereign Immunity — The City intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. Contractor agrees that City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, City shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. IN WITNESS WHEREOF, authorized representatives of the CITY and the CONTRACTOR have executed this Piggyback Rider to the Original Government Contract on the day and year below noted: CITY: RING POWER SYSTEMS Keith R Moore, Vice_President_ Shawn Boyle, City Manager Printed Name and Title: Date: ATTEST: Date: 06.14.2022 Christian Gowan, City Clerk Piggyback Rider City of Winter Springs and Ring Power Systems Page 6 of 6 7 Caterpillar Sourcewell Member Discounts All Discounts listed are for"Standby Ratings only unless otherwise stated". List Price Discount Stationary - 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% 60 HZ,80-100 kW Diesel(Reference the"PSNA-EPG-F_C4.4PGABR"Caterpillar Price List) D80-80 kW 31% D100-100 kW 31% 60 HZ,125-175 kW Diesel(Reference the"PSNA-EPG-F_C7.1PGABR"Caterpillar Price List) D1 25-125 kW 35% D150-150 kW 35% D1 75-175 kW 35% D200-200 kW 36% 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"CP 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 GCAW Caterpillar Price List 350 kW 31% 400 kW 31% C15,60 HZ,350-500 kW Diesel(Reference the"PSNA-EPG-F_C15PGAW 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 GCAW 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% C18 GC,60 HZ,550-600 kW Diesel Reference the"C18 GCAW Caterpillar Price List 550 kW 31% 600 kW 31% C18,60 HZ,EPA Tier 4f,-455 KW Diesel(Reference the"PSNA-EPG-F_C18PKAW 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 34% 800 kW 34% C32,60 HZ,1000-1250 kW Diesel(Reference the"PSNA-EPG-F_C32PGDG"Caterpillar Price List) 1000 kW 34% 1250 kW 34% kW Diesel (EPA Tier 2&CARB Emissions Certified(Nonroad);EPA Tier 2 Emissions Certified for Stationary Use) 8 Reference the"PSNA-EPG-F_3512PGFL"Caterpillar Price List 1500 kW 37% 1750 kW 35% 3516CI3516E,60 HZ,2000-2750 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 38% 2750 kW 34% 3516C-HD,60 HZ,2000-2500 kW Diesel(EPATier 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 30% C175-16,60 HZ,3000 kW Diesel(EPATier4) (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% Stationary Natural Gas(Select LP Vapor Options ith Derates) 50-60 kW Caterpillar Natural Gas Reference the"PSNA-EPG-F_G60PGAM"Caterpillar Price List DG50-50 kW 31% DG60-60 kW 31% DG80-80 kW 31% 100-150 kW Caterpillar Natural Gas Reference the"PSNA-EPG-F_G150PGAM"Caterpillar Price List DG100- 100 kW 35% DG125- 125 kW 35% DG150- 150 kW 35% 175-300 kW Olympian Natural Gas(Reference the"PSNA-EPG-F_GASOLYGN"Caterpillar Price List) G175- 175 kW 26% G200-200 kW 26% G230-230 kW 26% G250-250 kW 26% G275-275 kW 26% G300-300 kW 26% 175-300 kW Caterpillar Natural Gas(Reference the"PSNA-EPG-F-G14.2 PGAN"Caterpillar Price List) DG175- 175 kW 26% DG200-200 kW 26% DG230-230 kW 26% DG250-250 kW 26% DG275-275 kW 26% DG300-300 kW 26% 300-450 kW Caterpillar Natural Gas(Reference the"PSNA-EPG-F-G21.9 PGAN"Caterpillar Price List) DG350-350 kW 26% DG400-400 kW 26% DG450-450 kW 26% G3412,60 HZ,375-500 kW Natural Gas (Reference the"PSNA-EPG-F_G3412PGG"Caterpillar Price List) 375 kW 20% 450 kW 26% 500 kW 26% G3512 60 HZ,750-1000 kW Natural Gas (Reference the"PSNA-EPG-F_G3512NL"Caterpillar Price List) 750 kW 17% 1000 kW 17% G3516 60 HZ,750-1000 kW Natural Gas,Landfill Gas,&Biogas(Ratings Depend on Selection) (Reference the"PSNA-EPG-F_G3516AEPL"Caterpillar Price List) All Ratin s 17% aterpillar:Confidential Green G3516C 60 HZ,1500 kW Natural Gas 9 Reference the"PSNA-EPG-F_G3516CTPL"Caterpillar Price List 1500 kW 17% G3516H 60 HZ,1966 kW Natural Gas Reference the"PSNA-EPG-F_G3516HNL"Caterpillar Price List 1966 kW 17% G3520H 60 HZ,2469 kW Natural Gas Reference the"PSNA-EPG-F_G3520HNL"Caterpillar Price List 2469 kW 17% G3520C 60 HZ,1600-2055 kW Natural Gas (Reference the"PSNA-EPG-F_G3520CPGL"Caterpillar Price List) 1600 kW 17% 2055 kW 17% 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. 15% However,members will receive a 15°%discount off of the configured list price from each member's local dealer. Mobile X035,60 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 23% 30 kW 23% 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 23% XQ125,60 HZ,125 kVA Prime Diesel(EPA Tier 4 Final&CARB Emissions Certified(Non-road)) Reference the"PSNA-EPG-F_XQ125BM"Caterpillar Price List 100 kW Prime Power 23% 110 kW 23% 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) 200 kW Prime Power 23% 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 23% X0570,60 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 23% Control Panels,Switchgear,Automatic Transfer Switches Switchgear(customizable) 12% 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 confi ured list price from each member's local dealer. 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% ATS(AUTOMATIC TRANSFER SWITCHES)(Reference the"ATS NJPA Pricing 11-29-17"Price List) 235 ATS's Available 20% Caterpillar:Confidential Green 10 Ring Power, ' OLYMPIANTMLEM GENERATORS Power Systems Your North and Central Florida Caterpillar Dealer ST'AUGUSTINE TALLAHASSEE OCALA ORLANDO TAMPA 500 World Commerce Prkwy 4752 Capital Circle NW 6202 N US 301/441 9901 Ringhaver Dr. 9797 Gibsonton Dr St.Augustine,FL 32092 Tallahassee,FL 32303 Ocala,FL 34475 Orlando,FL 32824 Riverview,FL 33569 904-737-7730 850-562-1622 352-732-4600 407-855-6195 813-671-3700 SALES SERVICE PARTS LEASING RENTALS QUOTATION / SALES AGREEMENT / SECURITY AGREEMENT DATE: 5/12/2022 QUOTATION NO: MB20-080 CUSTOMER NAME: City of Winter Springs ESTIMATED SHIPPING LEAD TIME: 52-55 weeks SHIPPING VIA/FOB: Jobsite ADDRESS: . ESTIMATED SUBMITTAL LEAD TIME: 6 weeks CITY/STATE/ZIP: , FL JOBSITE ADDRESS: CONTACT: CITY/STATE/ZIP: FL PHONE: PROJECT NAME: Winter Springs WTP TERMS:Full payment is due from buyer within 10 days of delivery or pickup of the equipment. DESCRIPTION OF MATERIAL UNIT PRICE EXTENSION Please ensure quote meets your expectations. Please ensure quote meets your expectations. Ring Power is pleased to offer this price per the Sourcewell Contract, formerly known as the National Joint Powers Alliance (NJPA) consortium. CAT Contract# 120617-CAT. Ring Power is authorized to use Sourcewell for Federal, State & Local Government projects. For your reference,your Sourcewell Member ID is One (1) New Caterpillar Diesel Generator- Model C13, Rated 400 KW Standby power at 0.8 PF, 3 Phase, 480 volt, 60 Hz at 1800 RPM, with following options: STANDARD GENERATOR PACKAGE CONSIST: C13 60HZ PKG 400ekw CERTESE List $65,840 UL 2200 LISTED PACKAGE GEN SET List $223.00 Quotation Accepted By: Date: Tax No.: Customer: Salesman's Signature:Mark Barbar'U10 Mark Barbarulo, EPG Sales. Central Florida TERMS • This offer to sell is made subject to buyer's acceptance within ten(10)days from this date(noted above). • All quoted prices are subject to change without notice.Those in effect on the date of shipment shall prevail. • Subject to credit approval. • Used equipment is subject to prior sale. • A 25%restocking fee will be assessed for all canceled orders or returned materials. • No retainage to be withheld.Ring Power Systems is an equipment supplier and is not a sub-contractor.Our terms are Net 10 days. • No sales tax is included. • Buyer grants to seller a security interest in all equipment as described in this agreement until such time as payment is made in full in accordance with the terms and conditions of this agreement and in accord with the seller's credit application. • Ring Power requires a purchase order to secure this sales agreement. Page 1 of 5 DESCRIPTION OF MATERIAL UNIT PRICE I EXTENSION LC6114D SE ALT 1 M List $17,128.00 CONTROL PANEL MOUNTING LEFT List $2,298.00 HEATER CONTROL GROUP List $550.00 PERMANENT MAGNET EXCITATION List $946.00 800:5 CT RATIO List $394.00 GEN MOUNTING DUCT PLATE List $664.00 ALUM SA L1 -WHITE List $35,585.00 WIDE BASE List $10,735.00 150 MPH IBC CERT WIND ENCLOSURE List $319.00 DISCRETE 1/0 MODULE List $1,221.00 STANDARD WET BATTERY List $984.00 BATTERY CHARGER 10 AMP List $1,193.00 HIGH EFFICIENCY COOLANT HEATER List $1,435.00 POWER CENTER-RH MOUNTED List $1,069.00 600A LSI SINGLE MANUAL CB List $4,190.00 NEUTRAL BAR List $448.00 STANDARD RADIATOR List $5,294.00 SA LEVEL 1 MUFFLER List $3,092.00 LOCAL ANNUN NFPA99-110/CSA282 List $1,020.00 AIR CLEANER- DUAL ELEMENT List $755.00 NEUTRAL CABLE GP 800A List $104.00 CB CABLE GP ABB/T6-800/600 List $278.00 Total LIST Price for Above for CAT Items 155 765.00 Sourcewell DISCOUNT—37% off from List Price ($57,633.05) CAT Genset Price with Sourcewell Discount $98,131.95 $98,131.95 Page 2 of 5 12 DESCRIPTION OF MATERIAL UNIT PRICE EXTENSION CAT DEALER ADDITIONS: All receive 5% off List Price per Sourcewell or the typical sale price if no list price is available per the Sourcewell Contract • Freight-Factory to Ring Power $5,375.00 • Freight Orlando Ring Power—to site $6,655.00 • Training to Personnel $3,455.00 • Two-day load bank and start up $8,100.00 • Free 5-year warranty if ordered before end of 2022 Free UL142 SEALED SECONDARY DOUBLE WALL SUB-BASE FUEL TANK WITH 2880 USEABLE GALLON CAPACITY @ 90% FULL. TO PROVIDE 120 HRS RUNTIME BASED ON A CAT C13 400kW WITH CONSUMPTION OF 24 GPH BASED ON GENSET OPERATING AT 75% LOAD. DIMENSIONS 394"L X 102"W X 25"H EQUIPPED WITH A 28"X 20"THROUGH HOLE STUB UP AREA. WEIGHT IS ESTIMATED TO BE 10,645 LBS. $47,840.00 TOTAL NET PRICE PER Sourcewell CONSORTIUM CONTRACT# 120617-CAT Total cost # 120617-CAT $169,556.95 Purchase orders must include the current Sourcewell Contract Number 120617-CAT Ring Power invoices in full for Equipment & Services at the time of delivery. If Installation and/or Start-up Services need to be invoiced for separately, please advise. A schedule of values will be provided prior to the Purchase Order process to avoid payment delays on equipment delivered. Exceptions & Clarifications: Payment terms are in accordance with the Sourcewell and 30 days net on equipment and services that are completed. Payment can be completed off the schedule of values. ******DUE TO THE VOLATILITY OF THE MATERIALS MARKET, ALL PROJECTS WILL BE RE- PRICED AT TIME OF RELEASE TO PRODUCTION. ANY INCREASE OR DECREASE WILL BE ASSESSED AND APPLIED AT THAT TIME. Page 3 of 5 13 DESCRIPTION OF MATERIAL I UNIT PRICE I EXTENSION BASED ON RECENT MATERIAL COSTING, ESTIMATED PRICING ESCALATION IS 10% INCREASE PER MONTH ON ENCLOSURES, TANKS AND GENERATORS.******* Notice to Buyer: The Seller shall not be responsible for any failure to perform, or delay in performance of, its obligations resulting from or associated with the COVID-19 pandemic or any future epidemic, and the Buyer shall not be entitled to any damages including but not limited to liquidated, special, consequential, or punitive, resulting thereof. Furthermore, the Seller's product lead times are based upon the information provided to Seller from its suppliers at the time of quotation. The Buyer accepts that lead times for products can change and do so without notice and due to reasons, that are beyond any control of the Seller. As such, the Seller shall not be responsible for any failure to perform, or delay in performance of, its obligations resulting from lead times that extend past those originally quoted, and Buyer shall not be entitled to any damages resulting thereof." NOTE: 1. The above price includes start-up, testing, and customer training (during normal business hours, Monday-Friday, 8 AM -4PM). Equipment installation must complete and equipment ready to start-up. This includes all auxiliary power for generator/enclosure accessories, interconnect wiring, Remote Annunciators, etc. If there are questions regarding the locations for termination, our Project Manager will assist you. Return service calls due to incomplete installation (outside of Ring Power's control) may result in additional charges. 2. Training that is to be videotaped, requires Ring Power approval in advance. RPC "Video Recording Agreement"/ waiver signed by the customer/end-user in advance. Videographer/Recording Equipment to be provided by others. 3. No installation (including shipped loose accessories), labor, conduit, wire, equipment off loading, anchor bolts, pad, fuel or fuel piping DEF - Diesel Exhaust Fluid (when required), natural gas piping and gas flow meters is included 4. Third Party Testing provided by others (i.e. NETA, Infrared Scanning, etc...)In some cases, based on the generator set package weights and dimensions, items may ship loose and must be re-assembled by the contractor on site. Those items might include the fuel tank, load frame &generator, generator enclosures, mufflers, etc... 5. For fuel tanks over 550 Gallons, it is the Contractor or Owners responsibility to notify the appropriate State, and/or local regulatory agencies prior to delivery of the fuel storage tank so that it can be inspected prior to fueling. The FDEP Registration form will be provided in the Ring Power Submittal. Per FDEP Breach of Integrity Testing Guidance, tanks will ship from the factory with a vacuum/gauge installed. On-site testing is not included. 6. No sales tax included 7. Proposal is based on information supplied by the Customer. 8. No specifications, drawings, or diagrams were received or reviewed. General exception is taken to any other specifications and drawings not available at time of quotation. Equipment supplied will be limited to that described in this proposal. 9. Ring Power will be supplying equipment as described in the attached documentation. 10. No equipment will be ordered without an approved Purchase Order. 11. Equipment shipped will be invoiced for at the time of delivery. 12. Ring Power will not release equipment for production until we have received the signed sales agreement or PO and signed and approved submittal from our customer. This is done to insure that we are providing quality equipment that fits our customer's needs. If you need any assistance, please contact your sales representative. Page 4 of 5 14 DESCRIPTION OF MATERIAL UNIT PRICE EXTENSION Thank you for considering Ring Power Systems for your generator needs Mark Barbarulo Ring Power Systems, Generator Sales Central Florida, 407-472-6231 Office-407-472-6271 Fax-407-383-5840 Cell Mark.barbarulo@ringpower.com Page 5 of 5 15 Cat° Extended Service Coverage (ESC) 4 EASY STEPS TO PROTECT YOUR STANDBY GENERATOR SET Your operation depends on reliable power. That's why you trust Cat° generator sets. With Extended Service Coverage (ESC),you get service coverage that's just as durable and long-lasting. ESC for new, used and overhauled standby generator sets protects your investment and your peace of mind. Choosing coverage is as easy as following these four steps. 1 CHOOSE FROM A VARIETY OF COVERAGE OPTIONS First,extend your protection beyond the original factory warranty by choosing the coverage option that's right for your situation. NEW ESC Coverage for electric power standby generator sets is available in 36-to 120-month terms,in 12-month increments,if purchased before the end of your original factory warranty. rage is available after the and of the original factory warranty in 12-to 60-month terms,i 12-mon increments,and before the first overhaul.Your standby generator set is eligibl i . It's le than four years from delivery date and accumulated less tha , 00 hours total use si new,OR It's less than 10 ye from build date AND currently enr d in New ESC or ADVANTAGE ESC Advantage ESC,OR It's less than 10 years from bui to AND rently covered by an authorized Cat dealer Customer Support Agreemen A►,OR It passes a qualifying inspect: performed n authorized Cat dealer in accordance with the A ntage Certification Insp 'on Worksheet. Coverage is av ' le in 12-to 60-month terms,in 12-month increments.Your st by generator OVERHAUL ESC set is eli ' once a qualifying overhaul has been completed by an authorized Cat de in acc ance with the Overhaul ESC Checklist. AV 1011-1--AliNle'1f yUUK GOVtKAUk 11 i:t Next,identify the age and current operating hours of your generator set since delivery or overhaul.Then calculate your annual hours of use to choose the best ESC coverage terms to fit your needs. T® BUILT FOR IT. AI Financial 16 3SELECT YOUR COVERAGE LEVEL Then,choose from our Silver,Gold,Platinum or Platinum Plus coverage levels(New and Advantage ESC only)to get the exact amount of protection you need based on the Coverage Matrix'and Additional Allowances.Overhaul ESC options are also available.Contact your local Cat dealer ford eta ils. Cooling System I = Silveri Gold Platinum' Air Induction&Exhaust Silver Gold Platinum' Thermostat Housing ✓ ✓ ✓ Exhaust Manifolds,Studs&Gaskets ✓ ✓ ✓ Water Manifold Housing ✓ ✓ ✓ Inlet Air Heater Relay ✓ ✓ ✓ Jacket Water Precuoler ✓ ✓ ✓ Intake Manifold ✓ ✓ ✓ Jacket Water Pump ✓ ✓ Turbocharger(s) ✓ ✓ Thermostat ✓ Air-to-Air Aftercooler Cores ✓ Radiator&Fan ✓ Muffler/Exhaust System ✓ Fuel System i Exhaust Guards ✓ Steel Fuel Lines ✓ ✓ ✓ Diesel Oxidation Catalyst ✓ Fuel Shutoff Solenoid ✓ ✓ ✓ Short Block -_ Fuel Injectors ✓ ✓ Cylinder Block Casting ✓ ✓ ✓ Fuel Transfer Pump&Housing ✓ Crankshaft ✓ ✓ ✓ Fuel Priming Pump ✓ Connecting Rod Assembly ✓ ✓ ✓ Fuel Transfer Pump ✓ Piston,Wrist Pin,Retainer Clip&Piston Rings ✓ ✓ ✓ Lubrication System Idler and Timing Gears ✓ Pan,Pump Cooler ✓ ✓ ✓ Accessory Drive ✓ Crankcase Breather ✓ Cylinder Head Engine Oil Pump Drive ✓ Cylinder Head ✓ ✓ ✓ Prelubrication Pump ✓ Intake&Exhaust Valves ✓ ✓ ✓ Electric System Valve Mechanism ✓ ✓ ✓ Control Module(ECM) ✓ ✓ ✓ Camshaft,Camshaft Bearings,Key,Gear ✓ ✓ ✓ Sensors:All Engine Sensors ✓ ✓ ✓ Front&Rear Covers M1111111111116 Wiring Harness&Connectors ✓ Front Cover/Plate/Housing/Gears&Gaskets ✓ ✓ ✓ Starter ✓ Vibration Damper ✓ ✓ ✓ Engine Alternator ✓ Flywheel Housing&Gasket ✓ ✓ ✓ Alternator End -� , Crankshaft Front&Rear Seal ✓ Alternator,including Rotor, ✓ ✓ ✓ Optional Aftertreatment Coverage '- Stator and Exciter Diesel Particulate Filter ✓3 13 ✓3 Generator Controls ✓ ✓ Selective Catalytic Reduction V ✓3 ✓3 Power Center ✓ ✓ 1 This Coverage Matrix is for reference only and does not represent a complete list of covered components.For additional information,please reference the appropriate ESC contract. 2 Platinum level coverage covers all as-shipped consist from the factory with Cat part numbers. Some exclusions may apply. 3 Recent emissions-compliant engines or generator sets may be equipped with a Diesel Particulate Filter(DPF)and/or a Selective Catalytic Reduction(SCR).We offer coverage at an additional costs on these emissions components.Silver,Gold,Platinum or Platinum Plus base level coverage is required. 1r Travel/Mileage Limitations Emergency Freight Rental' Crane&Rigging' Overtime 1 Engine Displacement"I Silver,Gold,Platinu Platinum Plus Only All Coverage Levels Platinum Only Platinum Plus Only Platinum Plus Only Platinum Plus Only I Up to 4 liters 2 hr/100 mi 10 hr/500 mi $500 USD $2,500 USD $5,000 USD $1,000 USD $1,500 USD Over 41iters up to 7.5 liters 4 hr/200 mi 10 hr/500 mi $500 USD $5,000 USD $10,000 USD $1,000 USD $1,500 USD Over 7.51iters up to 34 liters 8 hr/320 mi 10 hr/500 mi $500 USD $10,000 USD $20,000 USD $5,000 USD $1,500 USD Over 34 liters 8 hr/320 mi 10 hr/500 mi $500 USD $15,000 USD $40,000 USD $12,500 USD $1,500 USD 4 Please refer to the generator set spec sheets for particular engine displacement. 5 Allowance is granted if covered failure repairs cannot be completed within 96 hours(for Platinum)or 48 hours(for Platinum Plus)of the authorized dealer technician's initial visit. 6 Allowance is granted if covered failure repairs cannot be completed within 48 hours of the authorized dealer technician's initial visit. Platinum Plus goes beyond Platinum coverage to include Cat components installed by an authorized dealer. Such components must be approved. See your Cat dealer for details. 4PURCHASE AND REGISTER YOUR ESC Finally,work with your local Cat dealer to complete the process—and get the protection and peace of mind you deserve. This marketing tool does not represent a contract or ohligation of any kind between Cat Financial Insurance Services,its parent or affiliates,and the equipment owner. ���® For details on any dealer agreement,including a complete description of the terms,conditions,and/or exclusions,contactyour local Cat dealer.All graphics and lists in this marketing tool are provided solely for general information purposes and are not intended to be a solicitation or an offer to sell any product or service. PEHJ0380-01 ©2017 Caterpillar I All Rights Reserved Financial CAT,CATERPILLAR,BUILT FOR IT,their respective logos,"Caterpillar Yellow,"and the"Power Edge"trade dress,as well as corporate and product identity used herein,are trademarks of Caterpillar and may not be used without permission. 17 Form C EXCEPTIONS TO PROPOSAL.TERMS. CONDITIONS. AND SOLUTIONS RE(rUEST +' k4 Company Name: _ Caterpillar Inc.. Any exceptions to the terms,conditions,specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Term,Condition,or NJPA P6.26/ on/rap=e Specification Exce tion ACCEPTS Vendms' ca:iacsl:(s) mvu: include all NJPA subcontractors as rJditiona:`rstxeds Caterpillar Ocalcrs cannot be roamed as additional insureds on are 22 under its xolteies rttis certificate. I Acct-pts As a targe intemat?onal enterprise, CrI%ni"lar Inc. can manage numerous litigation and other proc:rd:ngs allover the NJPA LTThe.Venstor must liselme to NJPA an} globe for itself and for its subsidiaries zn_ its affiliates Caterpillar Inc agrees to provide the inrunnalion requested in Accepts Btai Wcut 7 16 rix activities that dinxtly impact Caterpillar Inc's 7 16J Puae J.6-27g, jocriod. performance obli •tions corder the NJPA contract, Caterpillar Inc will use its subcontractors, who are Prevailing The Vendor must independently owned and operated Dealers, to provide NJPA comply with applicable prevailing wage services to NJPA Members Caterpillar[eater's will comply legislation in effsct in thejurisdietion of with the applicehle prevailing saga legislation required for Accepts 89'Page 28 the NJPA Member rhe services mokidcd to NJPA Members in their jurisdiction. Proposer's Signature: ��✓V _ Date: t 1 J-Z O!7 NJPA's clarification on exceptions listed above: i Review and Approved: NJPA Legal Department 18 Contract Award RFP 1#120617 FORM D Formal Offering of Proposal (To be completed only by the Proposer) ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES,AND SERVICES In compliance with the Request for Proposal (RFP) for ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES, the undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions,terms and conditions,general and technical specifications, sales and service expectations, and any special terms,agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP,any applicable amendments of this RFP,and all Proposer's response documentation.The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: _— Caterpillar Inc. Date: November 21, 2017 Company Address: 100 NE Adams Street City:_ Peoria _ State: IL Zip: 61629 Contact Person: Seth Charna Title: Industry Representative__ Authorized Signature: Bart Myers (Name printed or typed) 37 19 iMEN-r FORM E CONTRACT ACCEPTANCE AND AWARD z National Jotnt Ibv+eu A16anct' '?puaw+wswao (Top portion of this form will be completed by NJPA if the vendor is awarded a contract.The vendor should complete the vendor authorized signatures as part of the RFP response.) NJPA Contract#: 120617-CAT Proposer's full legal name:Caterpillar Inc. Based on NJPA's evaluation of your proposal,you have been awarded a contract.As an awarded vendor,you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set forth in this RFP,In any amendments to this RFP,and In any exceptions that are accepted by NJPA. The effective date of the Contract will be January 29,2018 and will expire on January 29,2022 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at NJPA's discretion. NJPA Authorized Signatures: Jeremy Schwartz NJPA )IREC ,)R OF COO NTRACTS (NAME PRINIED OR TYPED) AND PROCUREh1E �� - � Chad Coauette N -xECUTIVE DIRECTOR/CCU SIGNATURE (NAME PRINTED OR TYPED) Awarded on January 25,2018 NJPA Contract # 120617-CAT Vendor Authorized Signatures: The Vendor hereby accepts this Contract award,including all accepted exceptions and amendments. Vendor Name Caterpillar Inc. Authorized Signatory's Title General Manager-IPSD Power Generation o -L,.,_ Bart Myers _ VENDOR AUTHORIZED SIGNATURE (NAME PRINTED OR TYPED) Executed on Januaty 26.201& NJPA Contract # 120617-CAT 20 Form F ► '`, PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal(the"Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name,the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services,all applicable licenses necessary for such delivery to NJPA members agencies.The undersigned affirms that he or she is authorized to act on behalf of,and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts,purchase orders, or means that are acceptable to NJPA Members.Unless otherwise agreed to,the Proposer must provide only new and first-quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws,regulations, rules, and orders. 7. The Proposer understands that NJPA will reject RFP proposals that are marked "confidential" (or"nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a"trade secret,"and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] 39 21 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above. Company Name: Caterpillar Inc. Address: 100 NE Adams Street City/State/Zip: Peoria, IL 61629 Telephone Number: (309) 675-1000 E-mail Address: Contact Seth Charna: Charna—Seth@cat.com Authorized Signature: Authorized Name(printed): Bart Myers Title: General Manager- IPSD Power Generation Date: November 21, 2017 Notarized RATMONY CHHUTH Notary Public,State of Texas Comm.Expires 09-10-2020 " .,IHO Notary 10 128119195 Subscribed and sworn to before me this day of W6112 M/P Y ,20 I Notary Public in and for the County of da 1-Irl's State of /rz�G1.5 My commission ire Signature: 40 22 ,,ti-�JPA`.a,, s Form P ,. PROPOSER QUESTIONNAIRE Payment Terms,Warranty,Products and Services,Pricing and Delivery,and Industry-Specific Questions Proposer Name: Caterpillar Inc. Questionnaire completed by: Seth Charna Payment Terms and Financing Orations 1) What are your payment terms(e.g.,net 10,net 30)? Payment terms that Caterpillar Dealers would offer to NJPA Members vary by dealer,but are most certainly equivalent to local competition. Payment terms will be made very clear to potential NJPA customers upon quotation. 2) Do you provide leasing or financing options,especially those options that schools and governmental entities may need to use in order to make certain acquisitions? Caterpillar Financial offers financial tools for NJPA Members through the Caterpillar Dealer Network on a case by case basis. Leasing terms that Caterpillar Dealers would offer to NJPA Members vary by dealers, but are most certainly equivalent to local competition. Leasing terms will be made very clear to potential NJPA customers upon quotation. 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to NJPA.For example,indicate whether your dealer network is included in your response and whether each dealer (or some other entity)will process the NJPA Members'purchase orders. The order process will not change compared to the current NJPA contract. The NJPA Member references the NJPA contract number on the P.O.,which is then presented directly to their local Caterpillar Dealer. 4) Do you accept the P-card procurement and payment process?If so, is there any additional cost to NJPA Members for using this process? Not Applicable. 23 WarranIN 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure,and overall structure. You may include in your response a copy of your warranties,but at a minimum please also answer the following questions. • Do your warranties cover all products,parts,and labor? • Do your warranties impose usage restrictions or other limitations that adversely affect coverage? • Do your warranties cover the expense of technicians'travel time and mileage to perform warranty repairs? • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will NJPA Members in these regions be provided service for warranty repair? • Will you cover warranty service for items made by other manufacturers that are part of your proposal,or are these warranties issues typically passed on to the original equipment manufacturer? • What are your proposed exchange and return programs and policies? Please reference the following attachments in response to these questions specifically for the Power Generation products listed in this proposal. There are no geographic regions of the United States or Canada for which Caterpillar cannot provide a certified technician to preform warranty repairs. Additionally, when purchased through the NJPA contract, select products will automatically include options for Extended Service Coverage in 2018. Customized Extended Service Coverage is also available through the Caterpillar Dealer Network on a case by case basis. See Attached: Caterpillar Standard Warranty SELF5709.pdf See Attached: Olympian Standard Warranty LEXF3074.pdf See Attached: 2018 ESC NJPA Announcement Letter—October 6 2017.pdf 6) Describe any service contract options for the items included in your proposal. Service contracts that Caterpillar Dealers would offer to NJPA Members vary by dealer,but are most certainly at least equal to local competition. Service contract terms will be made very clear to potential NJPA customers upon quotation. Pricing,Deliver,Audits,and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. Caterpillar is offering a full line of diesel and natural gas packaged generator sets from 40 to 4000 kW. Caterpillar is also offering our XQ Products,which is our mobile generator line including trailers. Other popular and almost necessary equipment included to enhance generator set purchases are Automatic Transfer Switches,Switchgear,EPIC paralleling gear,and Microgrid components all provided from Caterpillar. The Caterpillar Dealer Network can also offer custom shop work, installation, "turn-key" solutions, delivery/freight, training, custom enclosures, custom fuel tanks, custom automatic transfer switches, dealer labor, additional/custom parts, and general contracting labor. To further enhance the NJPA members' product offering, the Caterpillar Dealer Network can also offer an expansive network of used equipment along with rental agreements. 24 8) Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price) on all of the items that you want NJPA to consider as part of your RFP response. Provide a SKU for each item in your proposal. (Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) Percentage Discount from Manufacturer's and Dealer's List Pricing per the included documentation along with product price lists. The discounts included are typically higher than standard discount for each product solution. There may be specific cases with specific options or attachments where the NJPA discount is not as deep as the non-NJPA offer. Caterpillar does have the ability to make additional discounts for NJPA members and non-NJPA customers on a case by case basis. For 2018 shipments, the price increase above the provided price lists is 2%. New price lists will be updated and submitted in January 2018. Please note,there are some items in the provided Caterpillar price lists that are marked as"Net"pricing that do not get discounted. These items usually include certifications(EPA,UL,IBC),standard EPA Tier 4f components, extended service coverage, and factory testing/packaging options. These items only follow the cost plus a percentage of cost pricing process that is acceptable for pricing sourced goods or services. See Attached: Caterpillar Gen Disc List RFP December 2017.xlsx See Attached: List of Caterpillar Price Lists by Product Family.zip 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50%percent discount from the MSRP or your published list. Overall pricing from published list price is discounted from 10%up to 40%with an average of 27%overall. Specific discounts apply to each diesel or natural gas platform product line. Services, used products, rental agreements, and microgrid solutions are also included at different discounting levels. For 2018 shipments,the price increase above the provided price lists is 2%. New price lists will be updated and submitted in January 2018. See Attached: Caterpillar Gen Disc List RFP December 2017.xlsx See Attached: List of Caterpillar Price Lists by Product Family.zip 10) The pricing offered in this proposal is a. the same as the Proposer typically offers to an individual municipality, university, or school district. b.the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. d. other than what the Proposer typically offers(please describe). 11) Describe any quantity or volume discounts or rebate programs that you offer. Volume discounts or rebate programs are not offered. The best discounting has been included in this RFP response for Caterpillar solutions. 25 12)Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or"nonstandard options". For example, you may supply such items "at cost" or"at cost plus a percentage," or you may supply a quote for each such request. There are some items in the provided Caterpillar price lists that are marked as"Net"pricing that do not get discounted. These items usually include certifications (EPA, UL, IBC), standard EPA Tier 4f components, extended service coverage, and factory testing/packaging options. These items only follow the cost plus a percentage of cost pricing process that is acceptable for pricing sourced goods or services. The percentage mark-up offered by Caterpillar Dealers to NJPA Members will vary by dealer, but is certainly equivalent to local competition. Exercising the ability to offer cost plus a percentage for "Net" items will ensure more clarity for the Caterpillar Network regarding NJPA offers because the current contract makes it difficult to calculate"Net"items since they cannot be discounted by Caterpillar. For a majority of sales including EPA Tier 2 or EPA Tier 3 platforms,the"Net"items on average are no more than 1- 2.5% of the total customer list pricing. EPA Tier 4f platforms have a higher percentage of"Net" items due to the significant amount of set priced emissions components required for EPA certification. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up,mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. All transactions will take place and be negotiated between a Caterpillar Dealer and an NJPA member. Only those generator set items specifically included in a Caterpillar List Price are subject to the NJPA administration fee. Most costs associated with acquiring a generator set and related products are included within the pricing file(Caterpillar Gen Disc List RFP December 2017.xlsx)and are subject to discount. In some cases,there may be costs involved that have not been listed. These costs associated with acquiring a generator set involve items that a manufacturer(Caterpillar) cannot competitively provide. 14) If delivery or shipping is an additional cost to the NJPA Member,describe in detail the complete shipping and delivery program. These programs and policies vary with products and geographic regions. Each quote from a Caterpillar Dealer to an NJPA member will have unique shipping fees. These fees may include shipment from the Caterpillar factory and, in some cases, additional local shipping fees either to a third-party packager or to the customer when factory shipment timing doesn't align with customer requirements. Shipping fees will be handles on a case-by-case basis between the selling Caterpillar Dealer and the NJPA member. 15) Specifically describe those shipping and delivery programs for Alaska,Hawaii,Canada,or any offshore delivery. Shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery are included in question 14. These items vary by Caterpillar Dealer due to the different geographic locations. The Caterpillar Network located in Alaska,Hawaii,Canada,or other offshore location is aware of their local shipment requirements and is knowledgeable on how to quote shipping to NJPA customers. 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. Caterpillar offers a factory freight program specific to certain product lines. Where applicable, this program utilizes economies of scale to ensure the best shipment cost to the local Caterpillar dealer from our factories. This portion of the freight cost to customers will pass through the Caterpillar network as it did before, but is managed by Caterpillar for the first point of delivery. 26 17) Please specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to NJPA. The Caterpillar Dealer Network will receive additional discounts from Caterpillar to help reach NJPA members purchasing prices per the NJPA contract. To qualify for the discounts,the selling Caterpillar Dealer must identify each applicable sale as an NJPA sale on their order and they must also send a report to the Caterpillar designated NJPA custodian, Seth Charna, including the product order number and NJPA member number. Reports are updated and reviewed on a quarterly basis to assist in providing payment to NJPA. The Caterpillar designated NJPA custodian,Seth Charna, has and will remain actively involved in the auditing process both with auditing Caterpillar Dealer pricing to NJPA members as well as the quarterly administration fee process. 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating,managing, and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) The proposed administrative fee payable to NJPA is proposed to be 1%of transaction price, in line with the previous two Caterpillar contracts,for all NJPA contract sales of generator sets. This I%is the same percent as outlined in our current NJPA contract#080613-CAT Should Caterpillar be exclusive, like the previous two Caterpillar contracts, this is valuable to the Caterpillar Dealer Network and Caterpillar would be willing to increase the administrator fee to 1.25%of transaction price. IndustrN-Specific Ouestions 19) Please specify product and voltage range the generator equipment that you are offering. Caterpillar offers factory voltage options for the majority of customer requirements. In general,here's a snapshot of the factory options based on the diesel product line. Voltage options may slightly differ on the natural gas product line and the full Caterpillar price list should be consulted to determine which specific ratings can be configured with the voltages listed below. There may also be a few exceptions where the Caterpillar Dealer Network can work towards custom solutions when necessary. 100 kW and Below Single Phase: 240V 750 kW and Below Three Phase: 480V,600V, 208V,240V 1000 kW up to 1250 kW: 480V, 600V, 208V,240V, 400V,380V 1500 kW up to 4000 kW: 480V,600V, 240V, 440V,380V,2400V,416V,4160V,6300V, 6600V,6900V, 12470V, 13200V, 13800V 20) Describe your mobile or trailer mounted units,if any, and specify the ranges. The XQ product line is included in the Caterpillar proposal. These units are offered with trailers for mobile use and for the most part they include switchable voltage options, which is preferred since they can be utilized at multiple customer locations with unique voltage requirements. The following XQ products are available and are EPA Tier 4f certified for mobile usage. We are working on a platform between the XQ125 and XQ425 that will be available/added to an awarded contract once released. The number represents the kVA rating of the generator and not the kW output. XQ35 XQ60 XQ125 XQ425 XQ570 27 21) If you are providing trailers as part of a turnkey package,please provide details. All XQ packages described in question 20 include trailers with selectable options including the ball size and brake type. These are the only factory product offerings that can be configured on trailers due to EPA emissions requirements. It is important to note that the Caterpillar Dealer Network can also place Caterpillar genset packages on trailers when necessary as long as EPA regulations for stationary applications are met(EPA requires the generator to remain stationary for a specific period of time). 22) Describe how you will include customization and the pricing of such for the units. The Caterpillar Dealer Network can offer custom shop work, installation, "turn-key" solutions, delivery/freight, training, custom enclosures, custom fuel tanks, custom automatic transfer switches, dealer labor, additional/custom parts, and general contracting labor. To further enhance the NJPA members' product offering,the Caterpillar Dealer Network can also offer an expansive network of used equipment along with rental agreements. Most costs associated with acquiring a generator set and related products are included within the pricing file (Caterpillar Gen Disc List RFP December 2017.xlsx)and are subject to discount. in some cases,there may be costs involved that have not been listed. These costs associated with acquiring a generator set involve items that a manufacturer (Caterpillar) cannot competitively provide. 23) Describe installation and service programs, and identify the associated services,service provider locations and pricing. The Caterpillar Dealer Network will be the provider of all Caterpillar and non-Caterpillar components and services required to meet the NJPA members' local requirements. 24) Describe any preventative maintenance or extended service coverage agreements. Preventative maintenance and extended service coverage/contracts agreements in addition to the standard product offering are covered in the"Caterpillar Gen Disc List RFP December 2017.xlsx"file. 25) Do you provide preventive,periodic or full maintenance plans/programs for the solutions you are proposing in this response? a. If so,provide a recommended service&maintenance agreement for a periodic/preventative and or full maintenance plan. b. What are recommended service intervals? The Caterpillar Dealer Network will be the provider of all preventative maintenance plans/programs that are specific to the product being provided to the NJPA member. Preventative maintenance and extended service coverage/contracts agreements in addition to the standard product offering are covered in the "Caterpillar Gen Disc List RFP December 2017.xlsx"file. 26)Describe your rental agreements and pricing schedule. Rental agreements in addition to the standard product offering are covered in the"Caterpillar Gen Disc List RFP December 2017.xlsx"file. 27) Will you include used equipment and if so,provide a pricing strategy for these units. Used product agreements in addition to the standard product offering are covered in the"Caterpillar Gen Disc List RFP December 2017.xlsx"file. 28 28) Provide a general overview of your products EPA compliance. Caterpillar offers a full range of products for use in the United States per EPA compliance guidelines. Per these guidelines,the application determines the EPA emissions level that is required for that specific product. For diesel emergency standby ratings(most of the market for<1000 kW)Caterpillar offers both EPA Tier 2 and EPA Tier 3 emissions levels and the specific emissions level is auto selected based on the EPA defined brake horsepower requirements. For non-emergency and/or mobile applications, Caterpillar has select ratings available with EPA Tier 4f factory certification. The Caterpillar Dealer Network is familiar with EPA regulations and can direct the NJPA member to the applicable product line required for their application. 29) Identify the lifecycle cost of ownership of your generator solutions. The Caterpillar Dealer Network will be the provider of all preventative maintenance and lifecycle costs at the request of NJPA members. Due to the vast differences across geographic locations and product lines, this request will be handled on a case-by-case basis. Signature: % _ - --Date: 29 DocuSign Envelope ID:657571B9-14D2-49D6-8158-46168AB10E64 Letter of Agreement To Extend the Contract Between Caterpillar Inc. 100 NE Adams Street Peoria, IL 61629 And Sourcewell 202 12th Street NE Staples, MN 56479 Phone: (218) 894-1930 The Vendor and Sourcewell have entered into an Agreement (Contract#120617-CAT)for the procurement of Electrical Energy Power Generation with Related Parts, Supplies and Services. This Agreement has an expiration date of January 29, 2022, but the parties may extend the Agreement for one additional year by mutual consent. The parties acknowledge that extending the Agreement for another year benefits the Vendor, Sourcewell and Sourcewell's members.The Vendor and Sourcewell therefore agree to extend the Agreement listed above for a fifth year.This existing Agreement will terminate on January 29, 2023. All other terms and conditions of the Agreement remain in force. SoDocuSigned by: . �� may s ', ByC COFD2A139D06489... , Its: Director of Operations& Procurement/CPO Name printed or typed: Jeremy Schwartz 2/12/2021 1 11:57 AM CST Date by: CaCDocus',gned in,'4E086402... VP — Electric Power Division By: , Its: Jason Kaiser Name printed or typed: 2/13/2021 1 6:05 AM PST Date 30