HomeMy WebLinkAbout20242731.tiffRESOLUTION
RE: APPROVE QUOTE PURSUANT TO SOURCEWELL COOPERATIVE PRICING
AGREEMENT FOR PURCHASE OF ROTARY MIXER FOR ROADWAY PAVING
IMPROVEMENTS - WAGNER EQUIPMENT COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Weld County Department of Public Works desires to purchase one (1)
Rotary Mixer Engine for Paving and Roadway Improvements, as described below, and
Year Make Model
2024 Caterpillar RM500B
Serial Number
TBD
WHEREAS, Weld County Code Section 5-4-100, Cooperative Purchasing, allows the
Weld County Board of Commissioners to accept purchases through State Bid Pricing
Agreements, and
WHEREAS, Weld County Code Section 5-4-80, Expenditures Not Requiring a
Procurement Process, exempts items purchased through current State, Federal, GSA, or other
Cooperative Contracts, and
WHEREAS, the Weld County Purchasing Manager deemed the Cooperative Purchasing
Agreement Award #032119 -CAT through Sourcewell Contract #060122, is in the best interest of
Weld County, and
WHEREAS, the Board has been presented with a Quote Pursuant to the Sourcewell
Cooperative Pricing Agreement for the Purchase of a Rotary Mixer for Roadway Paving
Improvements, for a total cost of $758,277.80, between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Departments
of Fleet Services and Public Works, and Wagner Equipment Company, with further terms and
conditions being as stated in said quote and purchase order, and
WHEREAS, after review, the Board deems it advisable to approve said quote, a copy of
which is attached hereto and incorporated herein by reference.
cc: FT(vv/re,),p,(cP/DN/DD/SB)
10/23/29AcT((p/cD),PvR•
2024-2731
FT0004
EG0082
QUOTE PURSUANT TO SOURCEWELL COOPERATIVE PRICING AGREEMENT FOR
PURCHASE OF ROTARY MIXER FOR ROADWAY PAVING IMPROVEMENTS - WAGNER
EQUIPMENT COMPANY
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Quote Pursuant to the Sourcewell Cooperative Pricing
Agreement for the Purchase of a Rotary Mixer for Roadway Paving Improvements, for a total cost
of $758,277.80, between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Departments of Fleet Services and
Public Works, and Wagner Equipment Company, be, and hereby is, approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of October, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COU
ATTEST: distAm) ..�4
Weld County Clerk to the Board
Deputy Clerk to the Boar
AP":VED
County orneyl J
Date of signature: +D` + Z�
Ross, Chair
Perry L. ck, Pro -Tern
ike Fr man
Lori Saine
2024-2731
FT0004
EG0082
Fleet Services Department
Phone: (970) 400-3513
Fax: (970) 400-3511
Website: https://www.weld.gov/
1399 No. 17th Ave
P.O. Box 758
Greeley, CO 80632
October 10, 2024
To: Board of County Commissioners
Subject: Cooperative Pricing Agreement — Sourcewell Contract # 060122
Weld County Fleet Services is desiring to purchase for Public Works, one Caterpillar
Model RM500B
Weld County Code Section 5-4-100 titled Cooperative Purchasing allows the Board of
County Commissioners to accept any of the state bids without rebidding the same
goods/services.
Weld County Code Section 5-4-80 titled Expenditures Not Requiring a Procurement
Process exempts items purchased from current state, federal, GSA or other
cooperative contracts.
Purchasing Department has verified Sourcewell having a 2024 Roadway Paving
Contract # 060122 Cooperative Purchasing Agreement with Award # 032119 -CAT.
This award is available for the County to utilize for this purchase.
Fleet Services recommends purchasing the Caterpillar RM500B for the price of
$758,277.80.
Sincerely,
David Springer
Director
2024-2731
IDA L4)
Ec-iOOgZ
FT600q
Quote 278148-01
to WAGNER
Quote 278148-01
Sep 17, 2024
WELD COUNTY FLEET MAINTENANCE
1399 N 17TH AVE
GREELEY, Colorado 80631
Attention: DAVE SPRINGER
Dear Sir,
CAT
We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your
consideration.
Caterpillar Model: RM500B Paving
STOCK NUMBER: TBD SERIAL NUMBER: TBD YEAR: 2024 HOURS:
We appreciate the opportunity to extend this quote. Pricing is subject to change based on manufacturer changes to cost and
availability. If there are any questions, please do not hesitate to contact me.
Regards,
J. R. Harsh
Sales Representative
Wagner Equipment Co.
Page 1 of 4
Quote 278148-01
Caterpillar Model: RM500B Paving
STANDARD EQUIPMENT
POWERTRAIN -CAT C-15, ACERT, 6 -cylinder -turbocharged diesel engine, -Air cleaner, dry -type dual element with -precleaner -
Air-to-air after cooler (ATAAC) -Belt, serpentine, automatic tensioner -Demand fan -Fuel filter / water separator -Fuel priming pump,
electric -Ground level engine shutdown -Propel system - All Wheel Drive -4 propel pumps, 4 propel motors -Electronically managed
differential -Two-speed, axial piston hydraulic -motors (4) with 2F/2R speeds -Heavy-duty, wheel planetary gearsets -Brakes, oil -
bath, sealed at each wheel -Secondary parking brake switch -Engine load / speed control, automatic -Steering, four modes: --front --
crab --coordinated --rear
ELECTRICAL -Alarm, back-up -Alternator, 150 -amp -Batteries, two maintenance free, -1365 CCA each -Horn, warning (front &
rear) -Lighting system --6 halogen, --adjustable floodlights -(2 front, 2 rear, 1 facing rotor -chamber door) -Starting and charging
system, 24 -volt -Product link ready
OPERATOR ENVIRONMENT -Access ladder, left and right side -Electric heated seats -Touch screen display showing: --engine
speed, rpm --engine temperature --hydraulic temperature --engine coolant, fuel level --rotor transmission temperature --engine oil,
pressure --voltage indicator --front and rear door aperture --liquid additive controls -Platform handrails / guardrails -Electronic mini
wheel steer -Multi function drive lever -Adjustable arm rest -Seat, suspension, 90 degree UR rotating -Seat belt, retractable, 76 mm
(3") wide -Sliding operator station, full width hyd -Warning system, action light and horn -Air conditioner with heater -Audio ready
system with speakers -Positive pressure cabin -
APPLICATION SPECIFIC COMPONENTS -Axle, heavy-duty -Depth control, automatic -Dual sealed chain cases -Self-lubricating
rotor end bearings -Single strand drive chains -Maintenance free u -joint drive shafts -Transmission, 3 -speed, powershift -
FLUIDS -50% extended life coolant for freeze -protection to -37C (-35F)
OTHER STANDARD EQUIPMENT -Doors, service access, hinged -Ecology drains -Electrical system -Circuit breaker panel and
disconnect -switch -Machine diagnostic connector (CAT ET) -Charging receptacle for emergency -start, ground level -Engine
enclosure -Fuel tank with sediment drain, -1056 L (279 gal) -Guard, (crankcase and powertrain) -Hitch, front bumper with pin -
Hydraulic system -Filters, grouped, ground level service -Oil cooler -Pressure test ports, quick -connect -Rotor chamber doors, F &
R, hyd with -electronic position indicators -Rotor hood lock -up device -Rotor hood side access doors -Rotor transmission oil cooler -
Sight gauges (engine coolant, -hydraulic oil level, rotor bearing -lube reservoir) -S.O.S. sampling ports -Steering guide chains (2) -
Transport tie -down and lift ports -Vandalism protection cap locks -Variable volume mixing chamber
Page 2 of 4
Quote 278148-01
MACHINE SPECIFICATIONS
RM500-02A ROTARY MIXER
ENGINE CAT C15
CAB, ROPS, MIRRORS
PRODUCT LINK, PL641
TIRES, 725/70-25 TI 16PR L-4
TIRES, 23.1-26 GY 16PR, LS -2
ROTOR, UNIVERSAL 16"
TORQUE LIMITERE
OIL, HYDRAULIC STANDARD
LIGHTS ROADING
LIGHT, WARNING BEACON
SINGLE PUMP, WATER OR EMULSION
COUNTER WEIGHT, RECLAMATION
SPRAY BAR, WATER PUMP
RM500B LIST PRICE
Sell price before additional discounts
Less Sourcewell discount 5.7% of list price
Less additional Caterpillar discount 12% of list price
$1,110,098.00
$ 954,765.80
- $63,276.00
- $133,212.00
SELL PRICE
SUBTOTAL
TOTAL
$758,277.80
$758,277.80
$758,277.80
2024 Sourcewell Contract#032119-CAT 2024 Sourcewell Heavy Equipment Contract#011723 2024
Sourcewell Medium/CCE Contract#020223 2024 Sourcewell Roadway Paving Contract#060122
WARRANTY & COVERAGE
Standard Warranty:
Extended Coverage:
F.O.B/TERMS:
Windsor
PAYMENT TERMS
Cash Invoice Terms
12 Months Unlimited Hours, Parts and Labor (Travel Time included for
the first 6 months)
Page 3 of 4
LJUI.UOlylI CIIVCII,C ILI. 0,, INCUU-LICrU-YUI�:YOIIIJ/-CV I LJ IUC/LIOUZ
060122 -CAT
Sourcewell
Solicitation Number: RFP #060122
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Caterpillar Inc., 510 Lake Cook Road, Suite 100, Deerfield, IL 60015
(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 Roadway Paving Equipment from which Supplier was
awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires August 1, 2026, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended one additional year
upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all
payment obligations incurred prior to expiration or termination will survive, as will the
following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All
other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
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060122 -CAT
Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
Pursuant to Section 10(b), Supplier will subcontract certain obligations under this Contract to its
dealers. Only those dealers that sign a Participation Agreement with Supplier obligating them
to comply with the terms of this Contract will be eligible to provide Equipment, Products, or
Services as a subcontractor under this Contract. In the event there is no dealer who has
entered into a Participation Agreement available to provide Equipment, Products, or Services to
a Participating Entity, Supplier will be under no obligation to provide Equipment, Products, or
Services to such Participating Entity under this Contract. Supplier will provide a copy of this
Contract to its dealers that would normally service Participating Entities and invite such dealers
to enter into a Participation Agreement as a subcontractor of Supplier under the terms of this
Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated
in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Supplier's dealers
and distributors must agree to assist the Participating Entity in reaching a resolution in any
dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends
beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout
the Contract term, Supplier must provide to Sourcewell a current means to validate or
authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment,
Products, and Services offered under this Contract, which will be incorporated into this
Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most
current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price
stated in Supplier's Proposal.
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060122 -CAT
Upon request made to participating dealer of Supplier, from a Participating Entity identifying
themselves as a Sourcewell participating entity by providing their Sourcewell participating
entity number and contract number, formal quotes will list all costs, including all delivery
expenses, such as freight and permits (when required).
Alternatively, Participating Entities may choose to make their own transportation
arrangements. In such case, there will be no delivery charges from Supplier's local participating
dealer.
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
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
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060122 -CAT
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;
• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment
to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities. Supplier
may not enter into a contract with a U.S. Federal Government entity prior to obtaining
necessary internal approvals and will not be obligated to provide Equipment, Products, or
Services to any U.S. Federal Government entity under this Contract unless separately agreed in
writing. Supplier may work with such parties and may agree to provide equipment or services
under the Contract on a case -by -case basis.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Supplier understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
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060122 -CAT
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier's employees may be required to perform work at government -
owned facilities, including schools. Supplier's employees and agents must conduct themselves
in a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
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's Participating
Dealer with payment made to the dealer. If a Participating Entity issues a purchase order, it may
use its own forms, but the purchase order should clearly note the applicable Sourcewell
contract number. All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract; however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract.
Supplier's acceptable forms of payment are included in its attached Proposal. Participating
Entities will be solely responsible for payment and Sourcewell will have no liability for any
unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, other required transaction documentation, or any Participating
Addendum, are to be negotiated between a Participating Entity and Supplier's Participating
Dealer, 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 Supplier's Participating Dealer. 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
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060122 -CAT
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity's order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and
• Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, sales data reports, performance issues, supply
issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a
contract sales activity report (Report) to the Sourcewell Supplier Development Administrator
assigned to this Contract. Reports are due no later than 45 days after the end of each calendar
quarter. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were
made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department);
• Participating Entity Physical Street Address;
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060122 -CAT
• 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.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Supplier may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
by Participating Entities under this Contract during each calendar quarter. Payments should
note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above "Attn: Accounts Receivable" or remitted electronically to
Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier's Authorized Representative is the person named in the Supplier's Proposal. If
Supplier's Authorized Representative changes at any time during this Contract, Supplier must
promptly notify Sourcewell in writing.
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060122 -CAT
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
assignment will be invalid. Provided, however, that Caterpillar is permitted to subcontract
certain of its rights and obligations to Caterpillar dealers for performance without Sourcewell's
prior written consent.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will
not be deemed a waiver of such right in the event of the continuation or repetition of the
circumstances giving rise to such right. Any such waiver must be in writing and signed by the
parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the
parties. No other understanding regarding this Contract, whether written or oral, may be used
to bind either party. For any conflict between the attached Proposal and the terms set out in
Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master -servant, or principal -agent.
11. INDEMNITY AND HOLD HARMLESS
Intentionally omitted.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
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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. Intentionally omitted.
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.
14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue
for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate
state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party's reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal,
unenforceable, or void then both parties will be relieved from all obligations arising from that
provision. If the remainder of this Contract is capable of being performed, it will not be affected
by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
Rev. 3/2022 9
L/ULLIOlylI CI IVCILIpe IL/. OML I4CW.7-UCr OWUIi:YOVL//-CU I L/ I LIG! LIDUL
060122 -CAT
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.
The party claiming default must provide written notice of the default, with 30 calendar days to
cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non -defaulting
party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect
at all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
Rev. 3/2022 10
LJUI.UOIIyII CI IVCIUF.IC IV. Or, I YCJJ-UCr U-4UL.U-OVV /-CJ I V IU.I JOJL
060122 -CAT
$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
no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer),
or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain
umbrella coverage over Employer's Liability, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
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.
Rev. 3/2022 11
LJLI,UJItyll GI IVCILJ,JC ILJ. OML IYCUU-OCf O-YUIr J-OLJLJ/-CJ ILJ IUC/ODUL
060122 -CAT
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide
certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Supplier, and products and completed operations of
Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds. A Participating Dealer may
name a Participating Entity as an additional insured on a case -by -case basis.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Supplier or its subcontractors. The waiver must apply to all
deductibles and/or self -insured retentions applicable to the required or any other insurance
maintained by the Supplier or its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self -insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier's Participating Dealers must maintain a valid and current status on all
required federal, state/provincial, and local licenses, bonds, and permits required for the
operation of the business that the 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.
Rev. 3/2022 12
LIULUJIyII CIIVCIVpC IL/. OML I VCUU-OCr V-4 V,..1-OL/L//'CV I V IVCI LIDUL
060122 -CAT
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.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60
days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier's
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
Sourcewell Caterpillar Inc.
f-DocuSigned by:
M.01 Sauvartfl?
By:-00FD2A139D06489...
Jeremy Schwartz
Title: Chief Procurement Officer
/-DocuSigned by:
By: '68A87926721B4E0...
Patrick Kearns
Title: North America Industry Manager
General Construction & Infrastructure
7/29/2022 I 1:01 PM CDT 8/1/2022 I 1:17 PM PDT
Date: Date:
Approved:
,-DocuSigned by:
By: `-7E42B8F817A64CC...
Chad Coauette
Title: Executive Director/CEO
Date:
8/1/2022 I 3:18 PM CDT
Rev. 3/2022 13
L/ULUOI II CI IVCI,. 1V. OPAL 14CWW-OCI-O-4OLi:J-OL/L -.CU ILI IUC/'JOWL
RFP 060122 - Roadway Paving Equipment
Vendor Details
Company Name:
Address:
Contact:
Email:
Phone:
HST#:
Submission Details
Created On:
Submitted On:
Submitted By:
Email:
Transaction #:
Submitter's IP Address:
Caterpillar Inc
100 NE Adams St
Peoria, IL 61629
Tirena Pavelka
pavelka_tirena_l@cat.com
309-675-1589
Friday April 29, 2022 09:54:06
Thursday May 26, 2022 13:28:13
Tirena Pavelka
pavelka_tirena_l@cat.com
474889f2-f62f-4846-b0ef-391619c052a6
199.247.32.78
Bid Number RFP 060122 Vendor Name: Caterpillar Inc
✓UI.UJI, 1✓. 0,4 14CJJ-VCI-U-,14), .YO✓✓/ -CJ I ✓ 1 VC/ JOJL
Specifications
Table 1: Proposer Identity & Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach
additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the
question does not apply to you (preferably with an explanation).
Line
Item
Question
Response
1
Proposer Legal Name (one legal entity only):
(In the event of award, will execute the
resulting contract as "Supplier")
Caterpillar Inc
*
2
Identify all subsidiary entities of the Proposer
whose equipment, products, or services are
included in the Proposal.
N/A
3
Identify all applicable assumed names or DBA
names of the Proposer or Proposer's
subsidiaries in Line 1 or Line 2 above.
N/A
*
4
Provide your CAGE code or Unique Entity
Identifier (SAM):
71555
5
Proposer Physical Address:
510 Lake Cook Rd, Suite 100
Deerfield, Illinois 60015
6
Proposer website address (or addresses):
https://www.caterpillar.com/ *
https://www.cat. com/en_US.html
7
Proposer's Authorized Representative (name,
title, address, email address & phone) (The
representative must have authority to sign
the "Proposer's Assurance of Compliance" on
behalf of the Proposer and, in the event of
award, will be expected to execute the
resulting contract):
Authorized Rep: Patrick Kearns
Title: North America Industry Manager, General Construction & Infrastructure
Address: 100 NE Adams St, Peoria, IL 61629
email: kearns_patrick@cat.com *
Phone: 309 675 5181
8
Proposer's primary contact for this proposal
(name, title, address, email address & phone):
Primary Contact: Tirena Pavelka
Title: Government Account Manager
Address: 100 NE Adams St, Peoria IL 61629 *
Email: Pavelka_tirena_I@cat.com
Phone: 309 675 1589
9
Proposer's other contacts for this proposal, if
any (name, title, address, email address &
phone):
Other Contact Dawn Zink
Title: Govemment Marketing Manager
Address: 100 NE Adams St, Peoria IL 61629
Email: zink_dawn_n@cat.com
Phone: 309 256 9213
Table 2: Company Information and Financial Strength
Line IQ
Item
Response's
Bid Number: RFP 060122 Vendor Name: Caterpillar Inc
L/VI.u,Ilyl1 CIIVCIVrJC ILJ. 0,4 -CJ 1LJ I VC, UDJL
10
Provide a brief history of your company,
including your company's core values,
business philosophy, and industry longevity
related to the requested equipment, products
or services.
Caterpillar was founded in 1925 when two entrepreneurs merged their companies:
Holt Manufacturing Company and C.L.Best Tractor Company. The merger was a
great success because the ethics of both men were focused on high quality
products and the best customer support.
Since the founding, Caterpillar Inc. has retained the culture of focusing on customer
needs and supporting products after the sale. Our company culture is keenly
focused on customer satisfaction and every employee realizes that a customer's
experience using the product will determine whether he or she will purchase another
one.
The key to this satisfaction is two -fold: build the best products and empower our
dealers to offer the best support. Through this combination, we are proud to prove
that our products offer the best value to our customers regardless of where they are
located.
We can prove measurable advantages in total owning and operating costs as well
as tangible benefits in terms of standard safety features, telematic information
sharing, and many training, and application support services offered by our dealers.
11
What are your company's expectations in the
event of an award?
Caterpillar is honored to have served Sourcewell and its members who have
purchased CAT construction equipment, work -tools, and electrical power generation
products through Sourcewell since 2008. Furthermore, we are proud to have
earned the Sourcewell Legacy Award in 2019. Caterpillar contributes well over half
of the revenue Sourcewell receives in the current Heavy Construction contract
032119 -CAT. We look forward to the opportunity to further grow business and serve
member needs together in this new Roadway Paving Equipment contract.
12
Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response.
Maintaining financial strength is a critical priority for Caterpillar. We receive debt
ratings from the major credit rating agencies. Caterpillar is "mid -A" rated by S&P
and Fitch and has a "low -A" rating with a positive outlook from Moody's.
Maintaining our "mid -A" credit rating is critical to our cash deployment priorities.
Due to our prudent focus on financial strength, on a comparative basis Caterpillar
has generally demonstrated higher profitability, lower leverage, and better liquidity
than our competitor peer group. Our liquidity position is extremely strong with
typically the highest percentage of cash as a percent of total assets on the
balance sheet vs our competitors.
Please see the five-year financial summary recently published in the attached "2021
Caterpillar's SEC form 10K Financial Summary" in the "Financial Strength and
Stability" zip folder, which provides additional details about our financial position.
The full text of the 239 -page 10-K document can be found on our public website:
https://investors. caterpillar. com/finan cials/sec-filings/defauit.aspx.
In 2021 full year sales and revenues were $50.9718. Enterprise operating cash
flow was $7.2B. During the year, the company paid dividends of $2.33B and
repurchased $2.67B of Caterpillar common stock. Liquidity remained strong with
an enterprise cash balance of $9.258 at the end of 2021. After paying
uninterrupted rising annual dividends for more than two decades, Caterpillar, Inc.
(NYSE:CAT) reached the 27th consecutive year mark for inclusion in the elite group
of companies designated as Dividend Aristocrats. In addition to a minimum of 25
consecutive years of dividend hikes, a company must be a component of the
S&P 500 index and and must have a market capitalization of at least $3B to
qualif,,/ as a Dividend Aristocrat.
13
What is your US market share for the
solutions that you are proposing?
Market share information beyond what is made publicly available through our annual
reports is considered confidential. However, Caterpillar is proud to be the leader
for paving equipment sales in the US. Individual product lines are also highly
successful and will be an asset to this contract, if awarded.
14
What is your Canadian market share for the
solutions that you are proposing'?
Market share information beyond what is made publicly available through our annual
reports is considered confidential. However, Caterpillar is proud to be the leader
for paving equipment sales in the US. Individual product lines are also highly
successful and will be an asset to this contract, if awarded.
15
Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.
No, Caterpillar has never filed for bankruptcy.
Bid Number RFP 060122
Vendor Name: Caterpillar Inc
LJULUOlylI GI IVCIL,C ILJ. OJ'1L I.+GUU-OGrO-NVL/:J-OL/L//-CV I LJ I VG! JOUL
16
How is your organization best described: is
it a manufacturer, a distributor/dealer/reseller,
or a service provider? Answer whichever
question (either a) or b) just below) best
applies to your organization.
a) If your company is best described as
a distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as
a manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
partr
Caterpillar is a world class manufacturer which distributes products through a vast
and capable dealer network. Our dealers are strong independent companies and in
North America alone they have a combined net worth of billions of dollars. Their
large valuation is a competitive advantage because it allows them to have the
infrastructure to support customers regardless of location, industry, fleet size, or
application. We believe our dealers have the largest amount of service parts
available in their inventory.
Another advantage of independently owned dealers is that they know their customers
and market well. They tailor their services specifically to their customers' needs.
Caterpillar and each dealer have signed a sales and service agreement that
outlines the specific expectations from both parties. In a broad overview, Caterpillar
manufactures products and sells them to our dealers. The dealers then sell those
products to customers. Caterpillar does not sell directly
to state and local governments.
Though we will sign this contract as a manufacturer, our dealers will be given the
opportunity to avail themselves of the opportunity presented by the contract and will
execute all the transactions with governmental customers as they do today. This
includes but is not limited to consultation, quoting, accepting payment, delivery,
warranty support, parts sales, and service. This is no different than sales occurring
out the terms of this agreement.
Caterpillar dealers heartily embrace the other Sourcewell contracts currently available
to them (032119 -CAT, 120617 -CAT and 062320 -CAT). They have all been trained
on contract usage. In fact, the current Heavy Equipment contract is leveraged by
95% of our dealers in North America. Caterpillar offers specific discounts to
Sourcewell members. By using any Sourcewell Contract, our dealers agree to
honor those discounts.
17
If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
To the extent of our knowledge, we are unaware of specific licenses or certifications
required to pursue the business covered by this RFP.
18
Provide all "Suspension or Debarment"
information that has applied to your
organization during the past ten years.
Caterpillar Inc. has not been suspended or disbarred in the last ten years.
Table 3: Industry Recognition & Marketplace Success
kLiernne I Question
(Response*
Bid Number RFP 060122 Vendor Name: Caterpillar Inc
V VI.UJII�I I GI I VCIUpC I V. Or, I YGUU-OCr,.rYUL O-01.1L/ / -CU I U I V G I OCIUL
19
Describe any relevant industry awards or
recognition that your company has received
in the past five years
Please note: To list all the awards received in the past 5 years would
unnecessarily lengthen our response. For brevity, we are highlighting some
recognition received in 2019 & 2020. Also note
there are many global awards.
Fortune Magazine #62 on the Fortune 500
Fortune Magazine World's Most Admired Companies
World & North America Dow Jones Sustainability Index
The Wall Street Journal Best Managed Companies in 2020
The Wall Street Journal World's Most Sustainably Managed Companies
Forbes Best Employers for Diversity 2020
Human Rights Campaign Foundation Corporate Equality Index
Dow Jones Sustainability Index (World and North America) 21 years
World's Most Sustainably Managed Companies — The Wall Street Journal
United Way Worldwide's Global Corporate Leadership Program
U.S. President's Volunteer Service Award from Junior Achievement
Corporate Equality Index — Human Rights Campaign Foundation
CSR China Top 100 — the 4th CSR China Education Award (China)
China CSR Excellence Award — China Philanthropy Times (China)
#183 among "Corporate Social Responsibility 2019 Ranking List — All Enterprise in
China" — China
Corporate Social Responsibility Research Center of Southern Weekly (China)
Outstanding Contribution to Poverty Alleviation — China Foundation for Poverty
Alleviation (China)
2020 Global 500 — Fortune Magazine
America's Most Responsible Companies 2020 — Newsweek
Best -Managed Companies of 2020 — The Wall Street Joumal
Top Companies for Customer Satisfaction — The Wall Street Joumal
The CEO Leaderboard: COVID-19 Reputation Rankings — SJR
All -America Executive Team — Institutional Investor
Top 150 Global Licensors — Global License
Best Global Brands Top 100 — Interbrand
World's Most Valuable Brands 2020 — Forbes
2020 Best Places to Work for Disability Inclusion — Disability Equality Index
World's Best Employers 2020 — Forbes
Best Employers for Women 2020 — Forbes
America's Best Employers by State 2020 — Forbes
America's Best Employers for Diversity 2020 — Forbes
Best Employers for New Grads 2020 — Forbes
Global 2000 2020 — Forbes
Best Employers for Veterans 2020 — Forbes
Top Veteran -Friendly Company — U.S. Veterans Magazine
#1 Great Place to Work — Great Place to Work Institute (Brazil)
#1 Great Place to Work in the Ag Business - Great Place to Work Institute (Brazil)
Chile's 20 Best Places in 2020 to Work for LGBTQ Equality, pwc Human Rights
Campaign
Top of Mind Company "Industry category" (Piracicaba, Brazil)
Certification on Promoting Work -Life Balance in Hyogo Prefecture — Hyogo Work
and Life Center
(Japan)
Hyogo's Women's Success in Business Promotion Company — Hyogo Women
Empowerment &
Promotion Center (Japan)
Hanada Award for WIN Akashi — Hyogo Women and Future Association (Japan)
Hyogo Childcare Supporting Company Award (Japan)
Science & Technology Industry Summit Outstanding Contribution — The Economic
Observer (China)
2020 China Good Companies: Industry Leadership — Jiemian.com (China)
Equipment India's Annual awards for Best sellers in the "Wheeled Loaders"
and "Motor Graders"
category — (India)
20
What percentage of your sales are to the
governmental sector in the past three years
The govemmental and educational sector is extremely important to Caterpillar. We
do not track govemment and education separately. However, it is safe to assume
that the bulk of these sales is to state, county, municipal and special districts. We
have a dedicated team to ensure success in this market. Overall, the percentage
of our sales to non-federal govemment agencies varies between 11% and 26%.
Some of our product families are highly focused and designed for govemmental
customers. With these products, we see the percentage of our sales to
govemment as high as 75%
Bid Number RFP 060122
Vendor Name: Caterpillar Inc
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21
What percentage of your sales am to the
education sector in the past three years
The governmental and educational sector is extremely important to Caterpillar. We
do not track government and education separately. However, it is safe to assume
that the bulk of these sales is to state, county, municipal and special districts. We
have a dedicated team to ensure success in this market. Overall, the percentage
of our sales to non-federal government agencies varies between 11% and 26%.
Some of our product families are highly focused and designed for governmental
customers. With these products, we see the percentage of our sales to
government as high as 75%
22
List any state, provincial, or cooperative
purchasing contracts that you hold. What is
the annual sales volume for each of these
contracts over the past three years?
While CAT dealers would typically hold contracts with states and provinces, as an
exception Caterpillar holds the state contract with Ohio, NY and Mississippi.
Additionally, we are contract holders with OMNIA and NASPO ValuePoint.
Just as we would never share Sourcewell transaction information with other
cooperatives, we don't feel it would be honorable to share volumes with those
contracts. However, we are happy to report that all of all of our contract sales,
most are transacted via our current Sourcewell contracts.
23
List any GSA contracts or Standing Offers
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
Listed below are the current GSA contracts that Caterpillar holds:
SIN 333924 Utility Trucks and Tractors: 2020=96,857,211 / 2021=$14,071,364
SIN 333120 Street Repair and Cleaning Equipment and Attachments:
2020=$0 / 2021=$143,837
SIN 335999 Power Distribution Equipment: 2020=$151,267.70 / 2021=89,473.07
These contracts are used by Caterpillar, but we do not allow our dealers to use
GSA contracts.
Table 4: References/Testimonials
Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name *
Contact Name *
Phone Number*
Town of Templeton, Department of Pubic
Works
Bob Szocik
978-939-8666 *
City of Lawrence
William Hale
978-771-4691 *
Del Norte County
Richard Mello
707-218-5104 *
Table 5: Top Five Government or Education Customers
Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity
type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three
years.
Entity. Noma .
Entity ,Type *
State t
Province*
Scope of Work *
Size of Transactions*
Dollar Volume Past Three
Years *:
Texas
Department of
Transportation
Govemment
Texas -TX
Department of Transportation
Purchase of 12 units
(specific to paving
products) over 3 year
period.
$3.9M
*
City & County
of Denver
Govemment
Colorado - CO
City and County local to
Colorado purchase with a large
package of equipment.
Purchase of 10 units
(specific to paving
products) over 3 year
period.
$2.5M
*
NY
Department of
Transportation
Govemment
New York - NY
Department of Transportation
Purchase of 19 units
(specific to paving
products) over 3 year
period
$2.3M
*
Arkansas
Department of
Transportation
Govemment
Arkansas - AR
Department of Transporation
Purchase of 8 units
(specific to paving
products) over 3 year
period
$2M
City of LA
Govemment
California - CA
Large city in CA purchase with
a large package of equipment
Purchase of 4 units
(specific to paving
products) over 3 year
period
$1.7M
*
Table 6: Ability to Sell and Deliver Service
Bid Number: RFP 060122
Vendor Name: Caterpillar Inc
UULLIOlyl I CI IVCIUr1C ILJ. OP, 140=-OCrU-9,L.,-OL/L I -GU I L! I VC/ JO.7L
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.
Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number
of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third
party), and any overlap between the sales and service functions.
Line
!tern
question
Response*
26
Sales force.
The CAT dealer salesforce is the most capable and highly trained in the industry.
The CAT dealer sales people are consultants to their customers and advise their
customers on the best solutions for their application and job. Asa manufacturer we
request our dealers to follow strict training protocols to ensure our sales force
remains current on all product updates.
Specifically, as it relates to governmental sales, each dealer has one or more people
named to be a key liaison between us as manufacturer and their dealer sales
team. This person is offered additional in-depth training on Sourcewell and ensures
that all contract terms are followed. In addition, dealers also have paving specialists
located in house to work with customers on all aspects of their paving business.
In North America, our dealers employ more than 53,000 people across the machine,
energy, parts and service divisions. Of this number more than 8% (4400) are in
machine and parts sales; more than 39% (21,000) are in service and support.
The dealer sales teams are supported by a network of Caterpillar professionals.
Each dealer has in territory support of 5-8 Caterpillar sales/marketing employees. It
is the responsibility of these people to
ensure that the dealer and Caterpillar are working well together to constantly improve
and to adapt to marketplace changes. Beyond the territory experts, the sales and
marketing department at Caterpillar is
staffed by more than 600 people who's mission is to focus on customer satisfaction.
Even more are employed "behind -the -scenes" to ensure industry leading product
design, up to date product information, and maintaining the ease of doing business
in an increasingly connected marketplace.
27
Dealer network or other distribution
methods.
The CAT dealer network is key to the success of our company. Within Canada and
the United States, we have more than 800 dealer owned locations that sell and rent
equipment. Please refer to our directory listing of CAT dealer locations and
locations map in the attached "Additional Documents" zip file. CAT dealers are
independently owned and many cover an entire state or province. In some cases,
dealers cross state/provincial boundaries, and in other cases, more than one dealer
will be
located in a state). Each dealer has multiple branches and a mobile service fleet
than can serve customers regardless of location. These are full physical locations
our governmental customers can use.
Because of the size of CAT dealers, they are exceptionally capable to serve
govemmental customers and customer in the governmental paving industry. Dealers
have trained specialists that cover many industries like paving. To support these
dealers and specialists in the field, Caterpillar has a paving division with 18
dedicated paving territory managers dedicated to training and focused on the paving
industry. Caterpillar also pulls together the paving specialists into a Dealer Advisory
group to have a continuous feedback loop on industry trends and to collaborate on
future new product introductions.
Collectively, CAT dealers' large net worth permits them to stock a high volume of
replacement parts - allowing govemmental customers the fastest tumaround on parts
availability and repair time.
CAT dealers recognize the importance of governmental business to their overall
success and they each have one or more govemmental specialists whose job it is to
serve govemmental agencies well
Please refer to the CAT dealer locations list and map included in "Additional
Documents".
Bid Number: RFP 060122
Vendor Name: Caterpillar Inc
L/ULUJIglI CIIVCIVFIC IU. O/'1L -GU I V I VC UJUL
28
Service force.
At Caterpillar we are very proud of the saying "The sales department sells the first
machine; the service department sells every one after that." The CAT dealer network
in North America collectively employs more than 20,000 factory trained technicians,
parts experts, product support managers and
other service -oriented staff. These people are supported by the best repair shop
equipment and materials. As machines and engines are constantly updated, so too
are our service experts. We conduct product -specific training every week of the
year. Technician shortage is an industry -wide
concern, but because CAT dealers are large, long established companies, they can
offer strong compensation and benefit packages that encourage the best people to to
seek employment and to retain them once hired. Caterpillar works very closely with
dealers and through a program called "Think Big", we are able to keep the pipette
of high quality employees full.
In addition to the technicians and mechanics that work on the machines directly, each
dealer has a service support staff that includes customer -facing consultants wo are
responsible for working with customers to set up maintenance and repair schedules
to ensure the best possible up -time.
Collectively, service support staff makes up the bulk of each dealers' staff. Roughly
half of their personnel investment goes to ensuring customer success via product
support.
The dealer service teams are supported by a network of Caterpillar professionals.
Each dealer had in territory support of 5-8 Caterpillar parts/service employees. It is
the responsibility of these people to
ensure that the dealer and Caterpillar are working well together to constantly improve
and to adapt to marketplace changes. Beyond the territory experts, the service and
support groups at Caterpillar are
staffed by thousands of people whose mission is to focus on post -sale customer
satisfaction. Even more are employed "behind -the -scenes" to ensure technical
literature is up to date, service standards are adhere to and repair questions are
answered quickly. We exceed our 95% 2 -hour response rate target in responding to
dealer service inquiries.
29
Describe the ordering process. If orders
will be handled by distributors, dealers or
others, explain the respective roles of the
Proposer and others.
Our simple order process has been and will continue to be well appreciated by
Sourcewell and Sourcewell members:
1) When a member decides to purchase a new CAT machine, they simply include
their Sourcewell member number on the Purchase Order they issue to the CAT dealer.
2) The CAT dealer then accepts the PO, issues the invoice, accepts payment and
delivers the machine.
3) After the machine has been delivered, the dealer, as part of their normal
process, includes the member number when filing their sales claims with Caterpillar.
4) As month end, Caterpillar aggregates these reports and sends the sales
information quarterly to Sourcewell along with the administrative fee.
IMPORTANT NOTE: Should a member wish to include additional terms and
conditions to this contract, or to otherwise request a Participating Addendum, that
agreement / PA should be executed between
the member and CAT dealer directly.
Bid Number: RFP 060122 Vendor Name: Caterpillar Inc
L/UUL1.71J.II CI IVCIUF.IC IL/. OP, I4CUO-OCI U-YUIiJ-OVV/-CVIL.,I UC/JOCL
30
Describe in detail the process and
procedure of your customer service
program, if applicable. Include your
response -time capabilities and
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises.
We are proud that our reputation stands on having the best customer support in the
industry. In fact, our capabilities are industry leading. Should a customer ever have
a problem or issue with a machine, their CAT dealer is empowered to resolve that
issue locally. If the problem is a result of a defect in material or workmanship,
Caterpillar will cover that completely within the standard warranty period. Every CAT
dealer has a common detailed service process in place. Caterpillar supports and
verifies
that all the dealer service technicians are supplied with the tools and equipment
needed to repair all CAT products.
Technicians have access to an electronic library of technical information including
Service Letters, Technical Information Bulletins, System Operations, Troubleshooting
and Disassembly and Assembly manuals. These manuals are provided for every
CAT product. Each dealer also has one or more "Technical Communicators" who
are dedicated to supporting the service technicians by acting as a liaison between
the shop personnel and Caterpillar.
The service technicians also have a dealer support network (DSN) system with direct
access to Caterpillar's Service Engineers. Caterpillar responds to more than 95% of
all high priority tickets within one hour.
Depending on a customer's needs, they may choose to handle service issues
themselves, in conjunction with their dealer, or they may ask their dealer to handle
them entirely. To meet the varying desires of
each customer, Caterpillar offers a wide range of service programs:
-CAT EM Solutions
-CAT Equipment Care Advisor -Monitor
-CAT Equipment Care Advisor -Protect
-CAT Inspect
-Condition Monitoring
-Customer Support Agreements
-S-O-S Services
31
Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in the
United States.
We are happy to serve all geographic areas and all Sourcewell member sectors with
in the United States with our complete product and service offerings. Caterpillar has
successfully utilized Sourcewell
to sell machines in all states.
32
Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada.
We are happy to serve all geographic areas and all Sourcewell member sectors with
in the Canada with our complete product and service offerings. In fact, we see the
Canadian market as a significant growth opportunity for Sourcewell use and are
actively encouraging its use. We have gained momentum with our current contract
032119 -CAT in Canada.
33
Identify any geographic areas of the United
States or Canada that you will NOT be
fully serving through the proposed contract.
We are happy to serve all geographic areas of the United States and Canada.
34
Identify any Sourcewell participating entity
sectors (i.e., government, education, not -for-
profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
We are happy to serve all Sourcewell Member sectors within the United States and
Canada with our complete product and service offering through Sourcewell.
Caterpillar's cooperative purchasing contracts are non-exclusive; i.e. none of them
restrict Caterpillar from promoting any other cooperative purchasing contracts.
35
Define any specific contract requirements
or restrictions that would apply to our
participating entities in Hawaii and Alaska
and in US Territories.
There are no restrictions or limitations for sales to members in Hawaii, Alaska or
U.S. Territories. However, because products available in Hawaii, Alaska or U.S.
Territories are different from those with the U.S. and Canada, we may need to adjust
our product list and provide revised pricing as Sourcewell expands to serve these
markets.
Bid Number RFP 060122
Vendor Name: Caterpillar Inc
LlULUOlglI CIIVCIUpa ILJ. OML I'f COU-OGI-O-YOIr O-OLJLJ/-CO I V I VC/JOEL
Table 7: Marketing Plan
fin ` `
Question
Response'
36
Describe your marketing strategy for
promoting this contract opportunity.
Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.
Our current marketing strategy with Sourcewell contract 032119 -CAT proves to be effective
with year over year sales growth. Should we be fortunate enough to be awarded a
contract for Roadway Paving Equipment in response to RFP #060122, we will proudly
announce the award publicly through our multiple customer facing touchpoints which may
include:
1) Press Release
2) Government Solutions Magazine (Caterpillar produced magazine distributed to
govemmental customers in
the US and Canada)
3) Government Training & Safety Days (Government customer training events at
Caterpillar facilities)
4) Announcement in our monthly governmental customer e -newsletter
5) Feature on our governmental focused website: www.cat.com/governmental
6) Announcement on our social media channels (FB, Instagram, Linkedln)
7) Display mentions at all governmental tradeshows we attend
8) Update literature with the new contact information.
37
Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.
Caterpillar and the CAT dealer network are leaders in using emerging technologies to
reach our customers. We manage several Facebook pages, Instagram, Linkedln, etc. and
can target governmental segments separately. We also look at past purchase history and
financing information to recognize in advance when customers may be considering
replacing machines they own.
We have a subscription to a third -party database (Deltek) which we use to monitor future
funding. It is our intention to reach out (via CAT dealers) to these potential customers
and recommend the Sourcewell solution as they prepare for future purchases and
equipment rentals.
38
In your view, what is Sourcewell's role
in promoting contracts arising out of
this RFP? How will you integrate a
Sourcewell-awarded contract into your
sales process?
We count on Sourcewell to promote themselves, awarded contracts and the viability of
cooperative purchasing in general. We appreciate Sourcewell's presence in industry
media, tradeshows, and their web presence. We also appreciate Sourcewell's "Get to
know you" training forums, which many Caterpillar dealer sales teams have attended
through the United States. While Sourcewell should continue their currently strong
marketing efforts, we believe it is also our responsibility to promote the contract with our
customer base.
Some examples of our marketing efforts are mentioned in our response in line 35. We
will also encourage these conversations between our sales force and the buyers and
influencers who are considering our equipment for purchase.
As Sourcewell is already well on the way to be the preferred selling method to non-
fedearl governmental entities by CAT dealers, we will also encourage them to utilize this
Roadway Paving Equipment contract 060122. There is a team of dedicated corporate
governmental specialists whose job is to assist dealers with sales of all kinds. These
team members are experts in cooperative purchasing and work daily with customers and
dealers to answer questions and to facilitate its use. Additionally, Caterpillar has a
dedicated marketing and field team of 15 individuals who specifically call on the paving
industry.
Caterpillar also has a Governmental Affairs team who will continue to work closely with
Sourcewell's Governmental Affairs staff, when necessary, to lobby for procurement codes
that allow the use of Cooperative Contracts.
39
Are your products or services
available through an e -procurement
ordering process? If so, describe your
e -procurement system and how
govemmental and educational
customers have used it.
Our parts division lends itself best to e -procurement and many CAT dealers offer that
capability to customer via a dealer portal
Our machines are complex and often custom -configured. A consultative salesperson is
integral to ensuring that machines are configured and built to perform well in their
expected duties. For this reason, we do not offer a company -wide e -procurement option.
Our dealers are innovators however, and if they offer e -procurement now or in the future
we are pleased to allow Sourcewell members to use that option.
Table 8: Value -Added Attributes
Respon;
Bid Number: RFP 060122
Vendor Name: Caterpillar Inc
L/UI.UOlyl I CI I V CILIVC ILI. 0,4 I HCCU-OCr O-NUIrJ-OLlLJ! -CU I LS I VC / J0VG
40
Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell participating entities.
Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.
All dealers offer basic operation, safety, and maintenance training with every sale. Should
a customer desire more advanced training, such as productivity improvement or advanced
repairs, each of our dealers can supply that training. Often there is a cost associated with
that specific training and if would be negotiated between the dealer and the customer.
Caterpillar also offers training programs directly to customers in three areas - operation,
safety and service. Members may access courses online, via CD's, or through instructor -led
classes leading to operator certifications. The fees for these services vary depending on
the depth of training desired. These high-level instruct -led courses can be conducted at
one of our dedicated training facilities in the US or on a customer's
local site using their own equipment.
41
Describe any technological
advances that your proposed
products or services offer.
Technology is a key product differentiator for Caterpillar. To describe each of them in detail
would expand the length of this response beyond a reasonable level. For brevity, key
technologies specific to products in this RFP are listed below. More detail is available on
our product pages on www.cat.com.
Remote monitoring and telematics are available on every machine. This allows customers
and dealers to monitor machine health and operation with the intent of early issue
detection. Through our proprietary fleet monitoring software, we are leaders in using
technology to prevent unexpected downtime.
Compaction Technologies:
-CAT Command for Compaction - an operator -assisted, semi -autonomous technology that
automates the compaction process based on operator inputs
-CAT Compact with Auto -Adjustable Compaction - maximizes compaction energy by
delivering the highest amplitude possible without over -compacting
-CAT Compact with Compaction Meter Value (CMV) - An accelerometer -based system that
provides an indication of material stiffness
-CAT Compact with Machine Drive Power (MDP) - Energy based measurement system that
correlates compaction with rolling resistance to provide and indication of soil stiffness.
-CAT Compact with Temperature Indication for Asphalt - Helps operators visualize coverage
area while recording pass -count and temperature data.
Pavers:
- CAT Grade with grade and slope for pavers
- CAT Grade with thermal mapping for pavers
- ERoutes for Paving - makes it easier to generate informed decisions about the efficiency
of round-trip hauling operations from the plant to the jobsite and back. Monitor the
movement of paving materials in real time, remotely and in the field.
Cold Planers:
-CAT Grade with Grade and Slope for Cold Planers
42
Describe any "green" initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each.
At Caterpillar, sustainability is an important commitment to building a better world.
Sustainability is part of who we are and what we do every day - it is one of Caterpillar's
core values. We recognize progress involves a balance of environmental stewardship,
social responsibility, and economic growth.
We consider this as we work toward a vision of a world in which people's basic needs -
such as shelter, clean water, education, and reliable energy - are fulfilled. We provide work
environments, products, services, and solutions that make productive and efficient use of
resources as we strive to achieve our vision. We believe this commitment supports the
enduring success of our customers, stockholders, dealers, and our people.
Caterpillar is a proud 20 -year member of the Dow Jones Sustainability Indices, including
both the World and
North America Indices. The annuals DJSI process follows a best -in -class approach,
evaluating numerous corporate economic, environmental, and social performance factors.
For more on sustainability at Caterpillar, please visit our 2021 Sustainability Report at:
http://reports. caterpillar. com/sr/.
43
Identify any third -party issued eco-
labels, ratings or certifications that
your company has received for
the equipment or products
included in your Proposal related
to energy efficiency or
conservation, life -cycle design
(cradle -to -cradle), or other
green/sustainability factors.
Plants certified with IDO 14001:2004 Environmental Management System include:
1) Anchor Coupling - Goldsboro NC, ISO 14001:2004- Sept 2018
2) Anchor Coupling - Menominee - ISO 14001: 2015 - Jan. 2021
3) Gen Sets - Newberry 0 ISO 14001:2004 - Nov. 2017
4) Mapleton - 14001:2004 self -certification issued Jan 2013
5) Reman Services - Corinth MS - ISO 14001-2015- Sept. 2021
6) Reman Services - Franklin - ISO 14001:2004 -May 2017
Plants specific to paving product manufacturing:
1) Minneapolis: ISO9001
2) Minerbio: DNV 1SO9001, EAC certification for MBO
3) Xuzhou China: CNF 1SO9001
4) Qingzhou China: 1SO9001
5) North Little Rock: DNV 1SO9001
Bid Number: RFP 060122
Vendor Name: Caterpillar Inc
L/UL,LIOly II CI IVCIUUC ILl. O/1L I4CUU-UCI U-9, ,J-OVL!/-CU I LJ I UCf JOWL
44
Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.
Two CAT dealers in NA are owned by women: Foley Equipment, with territory primarily in
Kansas and Missouri; and Cashman Equipment based in Nevada. In addition to these two
owners, there are 31 other women in our NA dealer network who hold the titles of
President, Vice President or Director.
One of the more recognized initiatives within Caterpillar's Global Supply Network Division is
the Caterpillar Inc. Proprietary Information Supplier Diversity Program which spurs economic
growth by increasing business opportunities to minority -owned, women -owned, veteran and
service disabled veteran -owned, small disadvantaged businesses and those certified in
HUBZones, all while ensuring expectations are met with regards to quality, velocity, capacity,
and cost. Currently more than 37% of our direct and indirect purchasing is conducted with
suppliers in these categories.
Caterpillar is a proud member of the National Minority Supplier Development Council
(NMSDC). WE also use the System for Aware Management (SAM), SBA, and NMSDC
databases to locate SDB, VOSB, SDVOSB and HUBZone suppliers.
Supplier Diversity is discussed with Global Supply Network Division leadership during the
Monthly Operating Results Review meetings. This in tum forces accountability for divers
supplier inclusion by measuring drivers, such as the number of sourcing projects, which
include Divers Suppliers and the values of the projects in which they participate. The goal
is to create greater transparency to determine which teams are creating inclusive
environments and which are not.
45
What unique attributes does your
BEST OVERALL VALUE / LOWEST LIFE CYCLE COST:
company, your products, or your
CAT products deliver the best value for the money. While we rarely have the lowest initial
services offer to Sourcewell
purchase price, we are happy to demonstrate to customers that our machines offer the
participating entities? What makes
lowest overall owning and operating costs when factors such as fuel efficiency, repair
your proposed solutions unique in
frequency, productivity, and resale value are factored in. We believe that government
your industry as it applies to
agencies are tasked to be the best stewards of taxpayer funds and our products can prove
Sourcewell participating entities?
that they are the best solution. Sourcewell members are in the best position to allow these
discussions to take place in contrast to a local bid situation where the focus is often only
on initial price.
CAT SAFETY SERVICES / SAFETY FEATURES:
In addition to the tangible, measurable aspects of the life cycle cost equation, we also bring
our focus on safety to every product that we manufacture. Quantifying a human life or
debilitating injury is impossible, but each machine has industry -leading features that strive to
minimize the possibility for accidents.
In addition to built-in safety features, we also offer a suite of aftemiarket products and
services that are unique in the industry.
Caterpillar Safety Services offers culture, jobsite and leadership assessments; safety and
leadership training workshops; and a comprehensive continuous improvement process
through consultative services. Services are facilitated by Safety Services consultants and
training products can be purchased for self -implementation. Details on products and services
are available at www.cat.com/safety. These products and services are available at a 15%
discount from the list price.
Technology Enabled Safety Solutions are tangible products designed to assist the
implementation of a safety culture. We are pleased to offer these unique products at a 5%
discount off list price.
Examples of products and services available include (this list may be augmented as new
products / services become available):
1) CAT Detect suite of products (allows machines to sense people and objects near them)
2) Driver Safety System (detects and reacts to signs of fatigue and distraction)
3) CAT SmartBand (monitors activity and sleep data)
PRODUCT ATTRIBUTES:
Each product we sell offers unique operating, safety, and cost -savings advantages that are
exclusive to Caterpillar. It is outside the scope of this response to itemize these
differentiators. However, we provide many details on our web page at www.cat.com.
Bid Number: RFP 060122
Vendor Name: Caterpillar Inc
L/UI OlyII CIIVO ,. ILl. OP, IYCOU-UGr O-VUIi:YOL1L, -GU ILI IUC/UDUL
Table 9A: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure,
and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document
upload section of your response in addition to responding to the questions below.
Question
Response*
46
Do your warranties cover all products, parts, and
labor?
Yes. Caterpillar has the most extensive warranty coverage in the industry.
We cover all products, parts and labor with fewer exclusions than our *
competitors. Please see our "Warranty Statement" in the file
entitle "Additional Documents" for details
47
Do your warranties impose usage restrictions or
other limitations that adversely affect coverage?
We do not impose usage restrictions. We are pleased to say that our
warranties cover defects in material and workmanship for the time specified *
in the policy when the equipment is used as per design intent.
48
Do your warranties cover the expense of
technicians' travel time and mileage to perform
warranty repairs'?
Caterpillar warranties cover the cost of replacement parts and the labor to
install them. They do not cover travel time and mileage. Dealer territories *
vary considerably from state to state as do their policies about travel time
and mileage during the warranty period.
49
Are there any geographic regions of the United
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell
participating entities in these regions be provided
service for warranty repair?
We have no restrictions on warranty repairs. One of our key differentiating
strengths is our ability to service equipment regardless of where it is located.
*
50
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?
Warranty service for machines ordered from a Caterpillar facility are
generally provided by Caterpillar and performed by CAT dealers. Some
items, such as tires, are covered under their manufacturers' warranties
51
What are your proposed exchange and retum
programs and policies?
We warrant that upon delivery our products will be free from defects in
material and workmanship, and will operate as intended. If they are not, we *
will make any necessary corrections.
52
Describe any service contract options for the
items included in your proposal.
We have a large variety of service contract options which can all be
customized according to customer needs. Below are just two examples.
More solutions are available and we encourage members and dealers to
explore all options.
1) Equipment Protection Plans (Extended Service Coverage / CAT
Insurance):
After the initial warranty period ends, members may choose to purchase
additional protection plans to reduce their exposure to unplanned costs.
These policies are written based on months and hours of operation. There
are four standard levels of coverage:
1) Powertrain
2) Powertrain + Hydraulics
3) Powertrain + Hydraulics + Technology
4) Premier
A description of all these options is included in the attached Equipment
Protection Plans document.
Important note: The purchase price for these Extended Service Coverage
plans is lower for governmental agencies than it is for private buyers.
2) Customer Value Agreements (CVA's):
A member may choose to enter into an agreememnt with their CAT to
perform routine maintenance and/or repairs. These contracts are
customizable based on member needs.
The selling CAT dealer can take responsibility for some or all the required
service and maintenance needs to allow the agency to gain efficiency by
focusing on the performance demands more than maintenance. CVA's are
a useful tool to manage expenses. Most CVA's are bundled at the time of
purchase; however, they may be added at any time.
Bid Number: RFP 060122
Vendor Name: Caterpillar Inc
L/OULIOlJ.II GI IV CIOpC ILJ. Or, IYGOV-VCI-O-.1,,,J-OLJU/-CV ILJ IOC/JOJL
Table 9B: Performance Standards or Guarantees
Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and
overall structure. You may upload representative samples of your performance materials (if applicable) in the document upload section
of your response in addition to responding to the questions below.
Line
.
auest0e -.
,
Response
53
Describe any performance standards or
guarantees that apply to your services
Throughout the history of Caterpillar, we've produced durable products our customers
have been able to rely on for many years... if not decades. The durability of our
products is foundational to our brand image. Reliability and Durability are the top
two deciding factors for our customers when purchasing a Caterpillar product over a
competitor's. Our new, customer -focused Quality metrics; As Delivered Quality,
Reliability and Durability, allow us to track our product quality in a way that's *
important to our customers.
As delivered Quality is the number of defects per unit through 2 month of service.
Reliability is the number of defects per unit through 12 months in service. Durability
is a newer metric relating to the life performance of critical components. Caterpillar
measures Durability as the "actual achieved life" of critical components.
54
Describe any service standards or
guarantees that apply to your services
(policies, metrics, KPls, etc.)
N/A
Table 10: Payment Terms and Financing Options
Line
Item
Question
Response*
55
Describe your payment terms and accepted payment
methods.
CAT dealers are independently owned businesses. As such their
payment terms vary, but all will be stated on individual invoices. *
The most common terms are net 30.
56
Describe any leasing or financing options available for use
by educational or governmental entities.
We offer both leasing and financing options to governmental
members of Sourcewell at rates lower than available to the general *
pubic.
57
Describe any standard transaction documents that you
propose to use in connection with an awarded contract
(order forms, terms and conditions, service level
agreements, etc.). Upload a sample of each (as
applicable) in the document upload section of your
response.
CAT dealers are independently owned businesses. As such their
standard transaction documents will vary.
*
58
Do you accept the P -card procurement and payment
process? If so, is there any additional cost to Sourcewell
participating entities for using this process?
Because CAT dealers will be receiving payments directly from
members, accepting P -card procurement will be at their discretion. *
Many dealers do accept this method without additional fees. Some
have imitations on the amount that can be processed.
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can
be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product
Change Request Form.
Line
!Response.
Bid Number: RFP 060122
Vendor Name: Caterpillar Inc
LJU .UOl l I ILJ. OML I NC V.7-UCr V -V VIJJ-OLJLJ / -CC I LJ I UC / :JCJL
59
Describe your pricing model (e.g., line -item discounts or
product -category discounts). Provide detailed pricing data
(including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If
applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the
document upload section of your response.
Our pricing model is simple. We offer a deep discount off the
current machine and work tool list prices to all Sourcwell members.
We have provided base machine reference pricing in the document
entitled "Base Machine Reference Prices Paving RFP". However,
for execution of the agreement we wil ask our dealer and
Sourcewell member to use the Caterpillar price list that is current at
the time of the quote. Dealers, in consultation with the member,
will configure the machine to the desired specifications and apply
the agreed upon stated minimum discount to that configured List
Price amount. Dealer and members should remember to factor in
any expected price increases.
The document "Caterpillar Cooperative Contract Discounts by Model
RFP 060122 Roadway Paving Equipment" shows the discount
offered for each new machine.
Additionally we are pleased to offer a discount of 15% off all
products and consulting services under the CAT Safety Services
Umbrella; and 5% off our
Technology Enabled Solutions.
60
Quantify the pricing discount represented by the pricing
proposal in this response. For example, if the pricing in
your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.
The discounts are off of the current machine and work tool list
prices. Our discount ranges varies between 18 - 20% off of the
list price depending on the product family. It is important to note
that discount comparisons between different machines cannot be
considered an apples -to -apples comparison. Caterpillar product
managers have broad leeway in product pricing, and there are
some
significant variations on pricing strategy. For example, a discount
of 10% on Product A may be equivalent to a 20% discount on
Product B. The discount offered to Sourcewell member are better
than what is widely available to non-member / private purchasers.
61
Describe any quantity or volume discounts or rebate
programs that you offer.
Our dealers are empowered to consider purchase order volume,
repeat purchases, member responsiveness, etc. They may offer
members additional discounts and /or services at their discretion.
62
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.
Sourced goods / Open Market Items are available to members from
our CAT dealers. The prices for these good or services will
represent fair marketing value and will be determined between the
member and the selling dealer. We encourage our dealers and
members to use this options as it facilitates
complimentary products and streamlines the procurement process.
Customers and dealers are responsible for including their
Sourcewell member numbers on all documentation related to these
purchases. Caterpillar Inc. is not a party to these sales and is
exempted from including them in quarterly reports.
For audits, inclusion of a customers Sourcewell member number on
the PO and /
or invoice shall be deemed sufficient.
63
Identify any element of the total cost of acquisition that is
NOT included in the pricing submitted with your response.
This includes all additional charges associated with a
purchase that are not directly identified as freight or
shipping charges. For example, list costs for items like pre-
delivery inspection, installation, set up, mandatory training,
or initial inspection. Identify any parties that impose such
costs and their relationship to the Proposer.
Machines are unique in their requirements for preparation prior to
use. Some may require local final assembly due to their large
size, others may have locally installed options (fire suppression,
beacons, auto lube systems for example).
When a dealer issues a quote for a machine, any additional costs
will be itemized separately and are not subject to the Sourcewell
discount.
64
If freight, delivery, or shipping is an additional cost to the
Sourcewell participating entity, describe in detail the
complete freight, shipping, and delivery program.
There is no additional cost to members who choose to pick up
their machines from the CAT dealer. Dealers may charge fees for
delivery to the members location.
65
Specifically describe freight, shipping, and delivery terms or
programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
Just as for members in the 48 contiguous states, there is no
additional cost to members who choose to pick up their machine
from their CAT dealer. Dealers may charge fees for delivery to the
members' location.
66
Describe any unique distribution and/or delivery methods or
options offered in your proposal
Machines are large purchases and if there are unique member
requirements our dealers will be happy to discuss on a case by
case basis.
Bid Number: RFP 060122
Vendor Name: Caterpillar Inc
LAJLUJItyl1 GI I VCIUr.JC 1U. OMG I YC / -CJ I V I UG I "JGAG
Table 12: Pricing Offered
Line
Rem
The Pricing Offered in this Proposal is: *
Comments
67
b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing
departments.
This pricing is offered the
same as in contract #032119 -
CAT.
Table 13: Audit and Administrative Fee
Une
item
Question
Response*
68
Specifically describe any self -audit process or program that you
plan to employ to verify compliance with your proposed Contract
with Sourcewell. This process includes ensuring that Sourcewell
participating entities 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 Sourcewell. Provide
sufficient detail to support your ability to report quarterly sales to
Sourcewell as described in the Contract template.
We plan to continue our very robust process to ensure
reporting speed, accuracy, and contract compliance.
Caterpillar and our CAT dealers have very close and trusting
relationships. Our dealers are long-established, and the
current process (under contract #032119 -CAT) is working well.
1) To ensure pricing accuracy, we maintain our current
Sourcewell customer discount sheet on our dealer facing
pricing pages. Dealers integrate these numbers
automatically in their quoting software.
2) To ensure new machines and work tool sales are
recorded property, we use our post -sale credit system. In a
nutshell, this means that we
corporately support the pricing offered in this contract at a *
level below what's available to other customers. To receive
this additional monetary
support after the machine is delivered, dealers must supply
the member'sname, address, and member number. There is
no additional burden or cost to our dealers to use the
Sourcewell contract and this is part of the reason for their
high engagement and our high reporting accuracy.
3) At month end, we gather the new machine and work tool
sales data attributed to Sourcewell and aggregate it for our
reporting.
4) After quarter end, we will send the quarterly sales report
and administration fee payment to Sourcewell for all items
that are subject to the administrative fee.
69
If you are awarded a contract, provide a few examples of intemal
metrics that will be tracked to measure whether you are having
success with the contract.
We regularly track the % of sales that are sold using a
cooperative contract. We will continue this practice if we *
are awarded a contract for
RFP 060122.
70
Identify a proposed administrative fee that you will pay to
Sourcewell for facilitating, managing, and promoting the Sourcewell
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 the RFP and template Contract for
additional details.)
Per amendment #1 to Contract #032119 -CAT, we will be
pleased to offer an administrative fee of .33% of Caterpillar's
MSRP for each piece of new equipment and serialized work
tools purchased by Sourcewell's Participating Entities. *
Caterpillar will pay this fee and will not ask dealers or
members to pay the fee.
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Line
Item
Question
Response
71
Provide a detailed description of the
equipment, products, and services that you
are offering in your proposal.
Caterpillar is pleased to offer a wide variety of products for Sourcewell members
during roadway paving. These include:
8 sizes of pavers, 38 rollers for all types of situations, 8 different types of cold
planers, 2 sizes of reclaimers. In addition we will continue to offer 7 sizes of
motorgraders, 13 types of skid loaders / compact track loaders that can be
outfitted with a variety of work tools for applications during paving roadways on
contract 032119 -CAT. These products are complimentary to the CAT offering in this
RFP. For more detailed information on each of these products see the following
website: https://www.cat.com/en_US.html
72
Within this RFP category there may be
subcategories of solutions. List subcategory
titles that best describe your products and
services.
N/A
*
Bid Number: RFP 060122
Vendor Name: Caterpillar Inc
L/VLLI.DlJlI CI I Veil), ILJ. OML IYCUW-VCrV-NVL,-OVL!/-GU I V I VG/ VDUL
Table 148: Depth and 8readth of Offered Equipment Products and Services
Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional
comments in the text box provided, as necessary.
Line Item
CateJorl or Ttpe ,
Offered
Comments
73
Asphalt pavers, screeds, distributors, and loaders
r: Yes
r No
CAT dealers are able to offer a wide
range
of paving products through our alliance
with
Weiler (distributors and loaders)
74
Steel -wheeled and pneumatic tire rollers
r: Yes
r No
Oanufactured by Caterpillar.
75
Wideners, tack distributors, cold planers, and
compactors
r: Yes
r No
CAT dealers are able to offer a wide
range
of paving products through our alliance
with
Weiler (wideners and tack distributors)
76
Concrete mixers, and gunite or shotcrete delivery
equipment
r: Yes
r No
These products are offered through
CAT
dealers via our alliance with Weiler.
77
2ther
a Yes
r No
We also offer motorgraders, skid -steer
loaders and compact track loaders
which
members might use while paving
roadways.
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.
Bid Number: RFP 060122 Vendor Name: Caterpillar Inc
L/ULUOlylI ILI. OML I YCUU-UCr U-•+UI,U-OL/L//-CJ IL/ IUGI LIDUL
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to
ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed
by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the
zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding
to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan."
• Pricing - Pricing Documents.zip - Thursday May 26, 2022 13:27:48
• Financial Strength and Stability - Financial Strength and Stability.zip - Wednesday May 25, 2022 13:57:52
• Marketing Plan/Samples - Paving Marketing Material Examples.pdf - Wednesday May 25, 2022 13:48:34
• WM8E/M8E/S8E or Related Certificates (optional)
• Warranty Information - Warranty Statements.pdf - Wednesday May 25, 2022 13:49:33
• Standard Transaction Document Samples (optional)
• Upload Additional Document - Additional Documents.zip - Wednesday May 25, 2022 14:18:18
Bid Number: RFP 060122 Vendor Name: Caterpillar Inc
IJOLUOly II GIIVel,. IL/. OP1L IYGJU-OCI J-,,,,J-OVL!/-CJ I LJ 1 VC/ JOUL
Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the
Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in
the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for
contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the
Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under
this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not
directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of
this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or
competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the
consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this
solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or
circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a
vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an
employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this
solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in
accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or
certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are
acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and
related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either
substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic
data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes
Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under
Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control
of the United States Department of the Treasury found at https://www.treasury.gov/ofac/downloads/sdnlist.pdf;
2. Included on the government -wide exclusions lists in the United States System for Award Management found at:
https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated
Bid Number: RFP 060122 Vendor Name: Caterpillar Inc
LIL,LIOly II Gill/CIL!, IV. OML 14C.7.7-OCI-0-YOlr:J-OLJLJ/-CV I V !VC LIGUL
by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any
Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense
related to the subject matter of this solicitation.
17 By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this
Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I
had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic
signature or electronic record was used in its formation. - Patrick Kearns, North America Industry Manager, General Construction &
Infrastructure, Caterpillar Inc
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the
Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
r Yes r No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
Addendum_4_Roadway_Pavi ng_Egpt_RFP_060122
Tue May 24 2022 04:31 PM
Addendum_3_Roadway_Pavi ng_Egpt_RFP_060122
Thu May 19 2022 09:01 AM
Addendum_2_Roadway_Paving_Eq pt_RFP_060122
Fri April 29 2022 04:09 PM
Addendum_i _Roadway_Pavi ng_Egpt_RFP_060122
Fri April 15 2022 03:54 PM
I have reviewed the
below addendum and
attachments (if
applicable)
F
r
F
F
Pages
Bid Number: RFP 060122 Vendor Name: Caterpillar Inc
LJUL.UJIylI CIIVCIUIJC ILJ. r ULU-W IJOG-OYV/-YLr/-O:JIir-O CM/J IGGOGLI
AMENDMENT 1
TO
CONTRACT #060122 -CAT
This AMENDMENT is effective upon the date of the last signature below by and between
Sourcewell ("Sourcewell"), located at 202 - 12th Street NE, PO Box 219, Staples, Minnesota
56479 and Caterpillar Inc. ("Vendor"), having its principal place of business at 510 Lake Cook Road,
Suite 100, Deerfield, IL 60015 and offices at 100 NE Adams Street, Peoria, IL 61629.
Sourcewell awarded a contract to Vendor to provide Roadway Paving Equipment to Sourcewell
and its Participating Entities effective August 1, 2022, and through August 1, 2026
("Agreement").
Vendor now wishes to amend the Agreement to address issues related to trademarks.
Sourcewell and Vendor each own all right, title, and interest in their respective names,
trademarks, service marks, related logos, and all other rights in the names, designs, likenesses
and visual representations thereof ("Licensed Trademarks"), and desire to grant each other a
royalty -free license to use certain Licensed Trademarks owned by the other party under the
terms and conditions set forth herein.
Article 13 A. is deleted in its entirety and replaced with the following:
ARTICLE 13. Intellectual Property, Publicity, Marketing, and Endorsement, A. Intellectual Property.
1. GRANT OF LICENSE. During the term of the Contract:
a) Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and
license to use Sourcewell's Licensed Trademarks provided to Vendor by
Sourcewell in advertising and promotional materials for the purpose of
marketing Sourcewell's relationship with Vendor.
b) Vendor grants to Sourcewell a royalty -free, worldwide (except for those
jurisdictions that are prohibited by applicable Anti -Corruption and International
Trade Laws), non-exclusive right and license to use Vendor's Licensed
Trademarks provided to Sourcewell by Vendor in advertising and promotional
materials for the purpose of marketing Vendor's relationship with Sourcewell.
"Anti -Corruption and International Trade Laws" means all statutes, regulations,
rules, executive orders, supervisory requirements, directives, ordinances,
circulars, opinions, interpretive letters and official releases of or by any
government, or any authority, department or agency thereof or self- regulatory
organization related to bribery, fraud, corruption, or international trade.
Page 1 of 3
File Number: CRG-22-04475
Document Number: 8774053
Execution Version
VU,UJIIJII GIIVCIL,C IV. rJ:l/'1l..11OC-O'4U!WLr/-D"J l'r-OC/1/J ICCOCL/
c) The parties agree that each is the owner of all rights, including without limitation
common law rights and goodwill, in relation to their respective Licensed
Trademarks, and that any goodwill derived from the use of Licensed Trademarks
by the other party shall inure to the owner of the respective Licensed
Trademarks.
2. LIMITED RIGHT OF SUBLICENSE. The rights and licenses granted herein includes a limited
right of each party to grant sublicenses to its and their respective distributors, marketing
representatives, and agents (collectively "Permitted Sublicensees") in advertising and
promotional materials for the purpose of marketing the Contract. Any sublicense granted
will be subject to the terms and conditions of this Addendum. Each party will be
responsible for any breach of this Article by any of their respective sublicensees.
3. USE; QUALITY CONTROL.
a) Neither party may alter the other party's Licensed Trademarks from the form
provided by the other party, and must comply with the other party's removal
requests as to specific uses of its Licensed Trademarks.
b) Each party agrees to use, and to cause its Permitted Sublicensees to use, the other
party's Licensed Trademarks only in good faith and in a dignified manner
consistent with such party's use of the Licensed Trademarks. Upon written notice
to the breaching party, the breaching party or their Permitted Sublicensees have
thirty (30) days of the date of the written notice to cure the breach or the license
will be terminated.
c) Beyond what is permitted in this Addendum, neither party will:
1) attempt to register, or register any trademark, service mark, symbol,
logo, get-up, or device which is confusingly similar to any of the other
party's Licensed Trademarks in any jurisdiction;
2) represent that it has any rights of any nature in the Licensed
Trademarks other than those enjoyed under the terms of this
Agreement;
3) use the other party's trademarks, service marks, or copyrights,
translations thereof or marks similar thereto, as part of its corporate
name, trade name or a d/b/a name, favicons, social media
names/handles, email addresses, email extensions, or domain names
without prior written approval from the other party; or
4) use the other party's trade names, trademarks, or service marks on any
collateral business materials (e.g., business cards, letterhead, invoices,
pens, notepads, fax cover sheets, etc.), unless otherwise approved in
writing by the other party.
Page 2 of 3
File Number: CRG-22-04475
Document Number: 8774053
Execution Version
VUI..UJIIy II CI I VCIUpe ILJ. FULII,LJLJOG-OVV/-VLF /-17LAJF-O.,1 J I GCOCL/
4. TERMINATION. Upon the termination of this Contract for any reason, each Party will
have thirty (30) days to, and require its Permitted Sublicensees to, remove all Licensed
Trademarks from signage, websites, and the like bearing the other Party's name or logo
(except Sourcewell's pre-printed catalog of vendors which may be used until the next
printing). Supplier must return all marketing and promotional materials, including
signage, provided by Sourcewell, or dispose of it according to Sourcewell's written
directions.
Article 22. is deleted in its entirety and replaced with the following:
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon sixty
(60) days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier's Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service
obligations incurred or accrued prior to cancellation.
Specifically for the Licensed Trademarks, as provided for on Article 13, the Parties may revoke
the grant of the rights as follows:
1. Revocation for Convenience. The Licensed Trademarks may be revoked by either Party
at any time upon ninety (90) days prior written notice to the other Party.
2. Revocation for Breach. The Licensed Trademarks may be revoked by either Party upon a
breach of the terms of Article 13 of the Contract as amended, by the other Party, upon
written notice of breach to the breaching Party, and only if such breach is not cured within
thirty (30) days of the date of the written notice.
Except as amended by this Amendment, the Agreement remains in full force and effect.
Sourcewell
r-DocuSigned by:
By: sjt,ruw4 cd iatirl'j
Jeren` .Fo2A13soo6469. if Operations/CPO
Date: 11/30/2022
Approved:
DocuSigned by:
By: aka CO t,
7E42BBF617A64CC...
Chau .L:i2JE, , L.nc,.utive Director/CEO
Date: 11/30/2022
File Number: CRG-22-O4475
Document Number: 8774053
Execution Version
Caterpillar Inc.
e-DocuSigned by:
By: ItAsoluiV. FaSSitnb
Anthl`-15FF7AB90458...
Date: 12/13/2022
Page 3 of 3
:nt
2024 Sourcewell Caterpillar Cooperative Contract Discounts by Model
Machine Model*
New
Equipment
`--��
2024
Discount to Customer
(Off List Price)
Pavers
AP300
18.00%
AP355
18.00%
AP400
18.00%
AP455
18.00%
AP500
18.00%
AP555
18 00%
AP600
18 00%
AP655
18 00%
AP1000
18 00%
AP1055
18 00%
Rollers
CB1 7
19.00%
CB18
1900%
CB7
19.00%
CB8
19.00%
CB10
19 00%
CB13
19 00%
CB15
19 00%
CB16
19 00%
CB2 5
19 00%
C82 SGC
19 00%
C827
1900%
CB2 7GC
19 00%
CB2 9
19 00%
CB4 0
19 00%
CB44
1900%
CC2 7
19 00%
CC2 7GC
19 00%
CC4 0
19 00%
CCS9
19 00%
CP5
19 00%
CP7
19 00%
CP11
19.00%
CP11GC GC
19 00%
CP12
19 00%
CP12GC
19 00%
CP13GC
19 00%
CP14
19 00%
CP16
19 00%
CP34
19 00%
CP44
19 00%
CP54
19 00%
CP56
19 00%
CP68
19 00%
CP74
19 00%
CS5
19 00%
CS7
19 00%
CS10GC
19 00%
CS11
19 00%
CS 11 GC
19 00%
CS12
19.00%
CS12GC
19.00%
CS13GC
19 00%
CS14
19.00%
CS16
19.00%
CS19
19.00%
CS34
19 00%
CS44
19 00%
CS54
19 00%
CS56
19 00%
CS64
19.00%
CS68
19 00%
CS74
19.00%
CS78
19.00%
CW16
19.00%
CW34 34
19.00%
Cold Planers
PM310
20 00%
PM312
20 00%
PM313
20 00%
PM620
20 00%
PM622
20 00%
PM820
20 00%
PM822
20.00%
PM825
20 00%
Reclaimers
RM400
20 00%
RM500
20 00%
Non -Attached CAT OEM Worktools I 15 00%
Parts & Service
I
N/A
Technology Solutic ns
I
5 00%
Caterpillar Safety Services
I
1500%
Job Site Solutions
I
N/A
Note
Bose machines must be properly configured with other mandatory and optional items from the price list be/ore they are considered operational
A!! new machines ore subject to a commodity surcharge of up to 20% (In some cases, increased tire costs may cause this number to be greater)
All new attachments (CA7 work tools) are subject to a commodity surcharge of up to 25%
Dealer costs (example pre delivery inspection, assembly, freight to final location, etc.) ore not subject to hat discount
Attachments (CAT work tools) purchased with new machine on some invoice are subject to some list discount as machine
Non -Attached CAT OEM Work Tools are attachments sold on a standalone order without a machine purchase
Parts and Service is offered by the servicing dealer at local rates
Caterpillar Confidential Cron
loft
QUOTE PURSUANT TO SOURCEWELL COOPERATIVE PRICING AGREEMENT FOR
PURCHASE OF ROTARY MIXER FOR ROADWAY PAVING IMPROVEMENTS - WAGNER
EQUIPMENT COMPANY
APPROVED AS TO SUBSTANCE:
He
APPROVED
Chief Financial Officer
APPROVED AS TO FORM:
County Attorney
Hello