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HomeMy WebLinkAbout20250805.tiffResolution Approve Wagner Equipment Company Sales Quotes for Purchases of Equipment Pursuant to Cooperative Purchasing Contract Terms and Conditions Between Sourcewell and Caterpillar, Inc., and Authorize Controller to Sign Any Necessary Documents 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, on the 24th day of May, 2023, Sourcewell awarded Caterpillar, Inc., a Cooperative Purchasing Contract, identified as #011723, and Whereas, the Weld County Department of Fleet Services desires to purchase equipment on behalf of the Department of Public Works, procured through the Sourcewell Cooperative Purchasing Contract Terms and Conditions, and Whereas, the Board has been presented with Sales Quotes, #284322-01 and #284318-01, from Wagner Equipment Company for the purchases of equipment pursuant to said Sourcewell Cooperative Purchasing Contract, and 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 Contract #011723 to be in the best interest of Weld County, said desired vehicle as further identified below: Department of Public Works, Dust Mitigation Division: Two (2) 2024 Caterpillar 150JOY-BR Motor Graders with 17.5-25 Tires for $790,610.00 Department of Public Works, Gravel Roads Division: Three (3) Caterpillar 150JOY-BR Motor Graders with 14.0R24 Tires for $1,176,450.00 Whereas, after review, the Board deems it advisable to approve said quotes, a copy of which is attached hereto and incorporated herein by reference. cc :'FT (DS /rA), PAZ .,Pw(cH/ow/vufs8) 03 /2V/25 2025-0805 EG0083 FT0004 Wagner Equipment Company Sales Quotes for Purchases of Equipment Pursuant to Cooperative Purchasing Contract Terms and Conditions Between Sourcewell and Caterpillar, Inc. Page 2 Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the Sales Quotes, #284322-01 and #284318-01, from Wagner Equipment Company for the Purchase of said Equipment pursuant to the Cooperative Purchasing Contract #011723 Terms and Conditions between Sourcewell and Caterpillar, Inc., for the amounts of $790,610.00 and $1,176,450.00, totaling $1,967,060.00, be, and hereby are, approved. Be it further resolved by the Board that Rusty Williams, Weld County Controller, be, and hereby is, authorized to sign any necessary documents. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 24th day of March, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppier: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2025-0805 EG0083 FT0004 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Cooperative Purchase Qty -5 2025 Caterpillar 150 AWD Motor Graders DEPARTMENT: Fleet Services DATE: March 18th, 2025 PERSON REQUESTING: David Springer Brief description of the problem/issue: Fleet services is desiring to purchase five (5) new 2025 Caterpillar 150 AWD Motor Graders to meet the 2025 budgeted equipment needs for Public Works divisions of Dust Mitigation and Gravel Roads Management. All five machines are being procured using Sourcewell Contract # 011723 - CAT. Equipment is optioned per operational needs as follows: • Qty- 2 Motor Graders optioned with 17.5-25 tires at a total price of $790,610.00 • Qty- 3 Motor Graders optioned with 14.0R24 tires at a total price of $1,176,450.00 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 at the discretion of the Board of County Commissioners or the Department of Purchasing. Further, Weld County Code Section 5-4-80 titled Expenditures Not Requiring a Procurement Process. Item 26 in this section identifies "items purchased from current state, federal, GSA or other cooperative contracts" are exempt and may be purchased directly from those sources. Weld County Purchasing Department has verified the quotes from Wagner Equipment Co. for the Motor Graders aligns with the Sourcewell Contract # 011723 -CAT Therefore, Fleet Services recommends purchasing five (5) new 2025 Caterpillar 150 AWD Motor Graders as detailed in the attached quotes utilizing Sourcewell Contract # 011723 -CAT for a total price of $1,967,060.00. What options exist for the Board? The Board has the option to place this request on the BOCC meeting agenda or, request a work session for this purchase. Consequences: If approved, Fleet Services will move forward with this purchase utilizing the cooperative purchasing agreement. Impacts: If denied, Fleet Services will begin the formal bid process for this vehicle request. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): $1,967,460.00 total. Recommendation: Fleet Services recommends the BOCC approve this purchase utilizing the cooperative purchasing agreement. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross 2025-0805 3/2.4 CC, nri Froo09- Quote 284322-01 010 WAGNER CAT Quote 284322-01 Feb 14, 2025 WELD COUNTY FLEET MAINTENANCE 1399 N 17TH AVE GREELEY, Colorado 80631 Attention: DAVE SPRINGER Dear Sir, 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: 150JOY-BR Motor Grader STOCK NUMBER: TBD SERIAL NUMBER: TBD YEAR: 2025 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 284322-01 Caterpillar Model 150JOY-BR Motor Grader STANDARD EQUIPMENT POWERTRAIN -Air cleaner, dual stage dry type radial -seal with service indicator and -automatic dust elector -Air-to-air after cooler (ATAAC) -Belt, serpentine, automatic tensioner -Brakes, oil disc, four-wheel, hydraulic -Demand fan, hydraulic -Differential, lock/unlock, Automatic -Drain, engine oil, ecology -Electronic over -speed protection -Parking brake, multi -disc, sealed and -oil cooled -Sediment drain, fuel tank -Transmission, 8 speed forward and -6 speed reverse, power shift, direct -drive -VHP Plus (Variable Horse Power Plus) - ELECTRICAL -Alarm, back-up -Altemator, 150 ampere, sealed -Batteries, maintenance free, heavy duty, 1125 CCA -Breaker panel, ground accessible -Electrical hydraulic valves -Electrical system, 24V -Grade control ready (Cab harness, -software, electrical hydraulic valves, -bosses and brackets) -Lights, reversing -Lights, roading, roof -mounted, -stop and tad, LED -Starter, electnc OPERATOR ENVIRONMENT -Air Conditioning with heater -Articulation, automatic return to center-Centershift pin indicator - Display, digital speed and gear -Doors, left and nght side with wiper -Gauge, machine level -Gauges (analog) inside the cab - (includes fuel, articulation, engine -coolant temp, engine RPM, -and hydraulic oil temp, DEF/AdBlue) -Joystick, adjustable armrests - Joystick gear selection, hydraulic -power steering hydraulic controls -(nght/left, blade lift w/ float -position, blade sideshift and tip, - circle dnve, centershift, front wheel -lean and articulation and steenng) -Lights, night time cab -Messenger operator information system -Meter, hour, digital -Mirror, inside rearview, wide angle -Power Port, 12V -Radio Ready, Entertainment -ROPS cab, sound suppressed -69dB(A) - ISO 6394 -Seat,cloth-covered, comfort suspension -Storage area for cooler/lunchbox -Throttle control, electronic -Windows laminated glass --Fixed front with intermittent wiper --Door with intermittent wipers (3) -Windows tempered -- Left and right side wipers --Rear with intermittent wiper -Cab storage - SAFETY AND SECURITY -Clutch, circle dnve slip -Doors, 2 engine compartment, (two left -hand, two nght hand) locking -Doors, 2 service, left and nght locking -Ground level engine shutdown -Hammer (emergency exit) -Horn, electnc -Lockout, hydraulic implement (for-roading and servicing) -Seat belt, retractable 76 2 (3") -Secondary steering -Tandem walkway/guards TIRES, RIMS, AND WHEELS -A partial allowance for tires on -254mm x 609 6mm (10" x 24") multi -piece -nms is included in the base machine -pnce and weight FLUIDS -Antifreeze -Extended life coolant -35C/ -30F OTHER STANDARD EQUIPMENT -Accumulators -brake -dual certified-Drawbar,6 shoe w/replaceable wear strips -Fluid check, ground level -Fuel tank, 398 liters (105 gallon) -Ground level fueling -DEF/AdBlue Tank, 21 liters (5 5 gallon) -Hydraulic lines for base functions -Pump, hydra., high capacity -(98cc / 15 cu in) -Radiator, cleanout access -(both sides with swing doors) -SOS ports - engine -hydraulic --transmission -coolant -fuel -Tool box -Debns guard - Page 2 of 4 Quote 284322-01 MACHINE SPECIFICATIONS 150 15A AWD MOTOR GRADER GLOBAL ARRANGEMENT,LOW AMBIENT BLADE, 14' X 24" X 7/8" TOP ADJUST DRAWBAR RIPPER ARRANGEMNT COLD WEATHER PACKAGE AWD LINES, W/O ACCUMULATOR PRECLEANER, NON SY-KLONE CUTTING EDGE, 14' BLADE END BITS, STANDARD ENGINE, TIER IV DRAIN, GRAVITY, ENGINE OIL BASE + 3 (FL,DA1,RIP) STARTER, ELEC, EXTREME DUTY LIGHTS, ARM, FOLD DOWN LIGHTS, ROADING, LED CAB, PLUS (STANDARD GLASS) CAB, PLUS (INTERIOR) SEAT BELT PRODUCT LINK, CELLULAR PLE743 CROSS SLOPE ASSIST, TOP ADJUST CONTROL,AJTO ARTICULATION -DEMO JOYSTICK CONTROLS, ADVANCED TANK, FUEL, STANDARD FAN, REVERSING, AWD TIRES,17.5R25 MX XSNO+ * G2 MP ARTICULATION GUARD COOLANT, 60/40, -51C (-60F) FUEL ANTIFREEZE, -25C (-13F) LIGHTS, WORKING, PLUS, LED LIGHTS, LEG STROBE BEACON MOUNTING, WARNING LIGHT TRANSMISSION, AUTOSHIFT LIGHTS, SERVICE, INTERNAL HEADLIGHTS, FRONT, HIGH, LED CAMERA, REAR VISION MIRRORS, OUTSIDE HEATED 24V GUARD, AXLE HOSE GUARD, TRANSMISSION FENDERS, FRONT, AWD FENDERS, REAR HEATER, ENGINE COOLANT, 120V LIFT GROUP, FRONT MOUNTING SHANKS/TEETH, RIPPER/SCARIFIER BUNDLE EXPORT PACKING LIFT GROUP, HYDRAULIC 1.5" Spare Rim Less tire Blade Extension and install INSTALL 2 TWIST STYLE FRONT COUPLERS FOR RYLIND HYDRAULIC V -PLOW Page 3 of 4 Quote 284322-01 INSTALL RYLIND CONTROL IN CAB CONSOLE INSTALL FRONT PLOW LIFT GROUP INSTALL CB RADIO AND ANTENNA AS SPECIFIED Heated wiper blades and install BEACON/STROBE LIGHT, Amber and Blue on separate switches MACHINE QUOTED PER 2024 BID SPEC OTHER THAN 17.5-25 TIRES SELL PRICE SUBTOTAL TOTAL EACH TOTAL 2 MACHINES $395,305.00 $395,305.00 $395,305.00 $790,610.00 Sourcewell pricing for reference only Machine list price $736,139.00 Sourcewell discount 30% -$220,841.70 Contract#0l 1723 2025 Total $515,297.30 Plus add ons and PDI $ 25,092.00 Total 5490,205.30 Additional Discount -$ 94,900.30 TOTAL PER MACHINE $395,305.00 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) 36 MO/5000 HR POWERTRAIN + HYDRAULICS + TECH Page 4 of 4 Quote 284318-01 010 VVAGNER CAI Quote 284318-01 Feb 14, 2025 WELD COUNTY FLEET MAINTENANCE 1399 N 17TH AVE GREELEY, Colorado 80631 Attention: DAVE SPRINGER Dear Sir, 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: 150JOY-BR Motor Grader STOCK NUMBER: SERIAL NUMBER: YEAR: 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 q Quote 284318-01 Caterpillar Model: 150JOY-BR Motor Grader STANDARD EQUIPMENT POWERTRAIN -Air cleaner, dual stage dry type radial -seal with service indicator and -automatic dust ejector -Air-to-air after cooler (ATAAC) -Belt, serpentine, automatic tensioner -Brakes, oil disc, four-wheel, hydraulic -Demand fan, hydraulic -Differential, lock/unlock, Automatic -Drain, engine oil, ecology -Electronic over -speed protection -Parking brake, multi -disc, sealed and -oil cooled. -Sediment drain, fuel tank. -Transmission, 8 speed forward and -6 speed reverse, power shift, direct -drive -VHP Plus (Variable Horse Power Plus) - ELECTRICAL -Alarm, back-up -Alternator, 150 ampere, sealed -Batteries, maintenance free, heavy -duty, 1125 CCA -Breaker panel, ground accessible -Electrical hydraulic valves -Electrical system, 24V -Grade control ready (Cab harness, -software, e lectrical hydraulic valves, -bosses and brackets) -Lights, reversing -Lights, roading, roof -mounted, -stop and tail, LED -Starter, e lectric OPERATOR ENVIRONMENT -Air Conditioning with heater -Articulation, automatic return to center -Centershift pin indicator - Display, digital speed and gear -Doors, left and right side with wiper -Gauge, machine level -Gauges (analog) inside the cab - (includes fuel, articulation, engine -coolant temp, engine RPM, -and hydraulic oil temp, DEF/AdBlue) -Joystick, adjustable armrests - Joystick gear selection, hydraulic -power steering hydraulic controls -(right/left, blade lift w/ float -position, blade sideshift and tip, - circle drive, centershift, front wheel -lean and articulation and steering) -Lights, night time cab -Messenger operator information system -Meter, hour, digital -Mirror, inside rearview, wide angle -Power Port, 12V -Radio Ready, Entertainment -ROPS cab, sound suppressed-69dB(A) - ISO 6394-Seat,cloth-covered, comfort suspension -Storage area for cooler/lunchbox -Throttle control, e lectronic -Windows laminated glass: --Fixed front with intermittent wiper --Door with intermittent wipers (3) -Windows tempered: -- Left and right side wipers --Rear with intermittent wiper -Cab storage - SAFETY AND SECURITY -Clutch, circle drive slip -Doors, 2 engine compartment, (two left -hand, two right hand) locking -Doors, 2 service, left and right locking -Ground level engine shutdown -Hammer (emergency exit) -Horn, electric -Lockout, hydraulic implement (for -roading and servicing) -Seat belt, retractable 76.2 (3") -Secondary steering -Tandem walkway/guards TIRES, RIMS, AND WHEELS -A partial allowance for tires on -254mm x 609.6mm (10" x 24") multi -piece -rims is included in the base machine -price and weight. FLUIDS -Antifreeze -Extended life coolant -35C/ -30F OTHER STANDARD EQUIPMENT -Accumulators -brake -dual certified-Drawbar,6 shoe w/replaceable wear strips -Fluid check, ground level -Fuel tank, 398 liters (105 gallon) -Ground level fueling -DEF/AdBlue Tank, 21 liters (5.5 gallon) -Hydraulic lines for base functions -Pump, hydrailic, high capacity -(98cc / 15 cu in) -Radiator, cleanout access -(both sides with swing doors) -SOS ports - engine -hydraulic --transmission -coolant -fuel -Tool box -Debris guard - Page 2 of Vai Quote 284318-01 Install Rylind front plow control switch Install front hydraulic lift group Install CB and Antenna harness Install heated wiper blades Dual beacons, Amber and Blue on separate switches MACHINE QUOTED PER 2024 BID SPEC WITH 14.00-24 TIRES SELL PRICE SUBTOTAL TOTAL EACH TOTAL 3 MACHINES $392,150.00 $392,150.00 $392,150.00 $1,176,450.00 Sourcewell pricing Machine list price $729,464.00 Sourcewell discount 30% =-$218,839.20 Contract#011723 2025 Total $510,642,80 Plus add on and PDI $ 24,561.00 TOTAL $ 535,203.80 Additional discounts -$143,053.80 TOTAL PER MACHINE $392,150.00 WARRANTY & COVERAGE Standard Warranty: Extended Coverage: F.O.B/TERMS: Windsor PAYMENT TERMS Cash Invoice Terms CASH WITH ORDER $0.00 12 Months Unlimited Hours, Parts and Labor (Travel Time included for the first 6 months) 150-36 MO/5000 HR POWERTRAIN + HYDRAULICS + TECH Page 4 of S.4 Quote 284318-01 MACHINE SPECIFICATIONS 150 15A AWD MOTOR GRADER GLOBAL ARRANGEMENT,LOW AMBIENT BLADE, 14' X 24" X 7/8" TOP ADJUST DRAWBAR RIPPER ARRANGEMNT COLD WEATHER PACKAGE AWD LINES, W/O ACCUMULATOR PRECLEANER, NON SY-KLONE CUTTING EDGE, 14' BLADE END BITS, STANDARD ENGINE, TIER IV DRAIN, GRAVITY, ENGINE OIL BASE + 3 (FL,DA1,RIP) STARTER, ELEC, EXTREME DUTY LIGHTS, ARM, FOLD DOWN LIGHTS, ROADING, LED CAB, PLUS (STANDARD GLASS) CAB, PLUS (INTERIOR) SEAT BELT PRODUCT LINK, CELLULAR PLE743 CROSS SLOPE ASSIST, TOP ADJUST CONTROL,AUTO ARTICULATION -DEMO JOYSTICK CONTROLS, ADVANCED TANK, FUEL, STANDARD FAN, REVERSING, AWD TIRES,14.0R24 MX XSNO+ * G2 MP GUARD GP, HITCH ARTICULATION GUARD COOLANT, 50/50, -35C (-31F) FUEL ANTIFREEZE, -25C (-13F) LIGHTS, WORKING, PLUS, LED LIGHTS, LED STROBE BEACON MOUNTING, WARNING LIGHT TRANSMISSION, AUTOSHIFT LIGHTS, SERVICE, INTERNAL HEADLIGHTS, FRONT, HIGH, LED CAMERA, REAR VISION MIRRORS, OUTSIDE HEATED 24V GUARD, AXLE HOSE GUARD, TRANSMISSION FENDERS, FRONT, AWD FENDERS, REAR HEATER, ENGINE COOLANT, 120V LIFT GROUP, FRONT MOUNTING SHANKS/TEETH, RIPPER/SCARIFIER LIFT GROUP, HYDRAULIC 1.5" Spare Rim, less tire RH 24" blade extension Install twist lock front hydraulic quick couplers Page 3 of ki( UUI.UJII�II CIIVCIUpC IU. /'1/'1O/Lt-%1-1—SOUL—'-+r1VU—OOOJ—OL.LoUVCD/Ah1—#OO 011723- CAT Sourcewell ;11 Solicitation Number: RFP # 011723 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Caterpillar Inc., 100 NE Adams Street, Peoria, IL 61629 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created u nder 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, n onprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Heavy Construction Equipment with Related Attachments and Technology 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 April 14, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year u pon 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. Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 3/2022 1 Caterpillar: Confidential Green IJUUUOlylI CI IVCIUNC ILJ yHhO/LfV\-000L-4MULJ-000J-OC,LJUCO/41x00 011723- CAT 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 percentage list discount stated in the supplier's proposal Upon request made to a participating CAT dealer, from a Participating Entity identifying themselves as a Sourcewell member by providing their Sourcewell member number and contract number, formal quotes will list all costs, including all delivery expenses, such as freight and permits (when required) Rev 3/2022 2 Caterpillar Confidential Green L/UUIJOly.II GI IVCIUpa IL!V11JAO/LPr-.70UL-Y1UU1, /-000J-CC,IJUCC/Y00 1 011723- CAT Alternatively, Participating Entities may choose to make their own transportation arrangements In such case, there would be no delivery charges from the local participating Cat 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 clearly identified as such Current ordering process and administrative fees apply ,Hot List Pricing must be published and made available to all Participating Entities Rev 3/2022 3 Caterpillar Confidential Green LAJUUOly II CI IVCIUpC II -1 UP,1O CD 141xOO 011723- CAT 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 S. 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 shall not be obligated to provide Equipment, Products or Services to any U S Federal Government entity under this Contract unless separately agreed in writing Caterpillar may work with such parties and may agree to provide equipment or services under the Contract on a case -by -case basis The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities Rev 3/2022 4 Caterpillar Confidential Green LIUL.U0191I CI IVCIl4JC ILIUMMO/G1V1-UOUG-YMUL-000J-CCI,LJ.7C17,4,00 011723- CAT 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 Participating Dealers with payments made to the Participating Dealers If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract, however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract Supplier's acceptable forms of payment are included in its attached Proposal Participating 'Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity B ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier'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 or its authorized dealers, distributors, or resellers, as applicable Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract C SPECIALIZED SERVICE REQUIREMENTS In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e - commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement Rev 3/2022 5 Caterpillar Confidential Green L tJUUOlyII CI IVtl1UpC IL/ U V1O/GMf\-OOOL-Yl1UU-OOOJ-OCI,L/UCO/Y1,OO 011723- CAT 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, • Participating Entity City, • Participating Entity State/Province, • Participating Entity Zip/Postal Code, Rev 3/2022 6 Caterpillar Confidential Green IJUI.UOIyII CI IVCIUpC IL! yfY\O/ LPW-UOUL-N/1ULI-000J-OCI,L.IUCO/4 ,00 011723- CAT • Participating Entity Contact Name, • Participating Entity Contact Email Address, • Participating Entity Contact Telephone Number, • Sourcewell Assigned Entity/Participating Entity Number, • Item Purchased Description, e 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 Rev 3/2022 7 Caterpillar Confidential Green L/UI.UJIIylI CIIVCIU, IU yhMO/GfVYUOUG-YMUU-OOOJ-OCI,L/UCO/Y1.rOO 011723- 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 Supplier is permitted to subcontract certain of its rights and obligations to Supplier Participating 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 Rev 3/2022 8 Caterpillar Confidential Green LIUI. OlylI CI IVCIUF.IC IV .MIAMOI 41V 000L-YMULI-ODUJ-GGl,LJUCG/Y1.,00 011723- CAT 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 Intentionally Deleted 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 Dunng the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows Rev 3/2022 9 Caterpillar Confidential Green IJUUUOlylI CI I VCIll, IV U/V1O/ G/1/1-UOUG-WW1-1-OOOJ-OC,LJVCO/'41xOO 011723- 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 Liab►hty Workers' Compensation As required by any applicable law or regulation Employer's Liability Insurance must be provided in amounts not less than listed below Minimum limits $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease Rev 3/2022 10 Caterpillar Confidential Green IJUI.UJIIg.II CI IVCIUpC ILIUPV,0/LMF\-VOUL-HIAUU-000J-OClJU.7CO/41,00 I ., 011723- CAT 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 CGOOO1(2OO1 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 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 Rev 3/2022 11 Caterpillar Confidential Green L/Ul.UOlyII CI IVCIL,C IU.71V1OIZMI,UOLIG-YMUL/-OOOJ-CCL,JUCO/Y1.rOO 011723- CAT 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 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 D 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 Caterpillar Confidential Green uul,uoily.II LIIVCIupe iv. ont-kolLP-v-sr out 1-trkUU-oVV:.PIDCLiUWCC/4+Voo 011723- 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. r DocuSigned by: Sat -Wart By • \--00FD2A139D06489 Jeremy Schwartz Title: Chief Procurement Officer 5/5/2023 I 9:41 AM CDT Date: Date: l DocuSigned by: Pufnc� 644A,s — 68A87926721 B4 E0 B y . . Approved: DocuSigned by: OAAI (at. By • \ - 7E4268F817A64CC. Chad Coauette Title: Executive Director/CEO Date: 5/24/2023 112:16 PM CDT Patrick Kearns Title: Vice President Sales & Marketing, Construction Industries 5/24/2023 19:13 AM PDT Rev. 3/2022 13 Caterpillar: Confidential Green UUI.UOlyII CI IVCIUpe IU U V1O/LFV\-UOUL-Y/1UU-OVU.YCCl,LJUCO I V1,OO RFP 011723 - Heavy Construction Equipment with Related Attachments and Technology 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 Peona, IL 61629 Sean Egel egel_seani@cat corn 309-675-1399 Tuesday November 15, 2022 14 22 18 Tuesday January 17, 2023 16 10 22 Sean Egel egel_seani@cat com aeaa61ae-0c73-4610-8208-b80e2e0b4448 192 189 129 23 Bid Number RFP O11723 Vendor Name Caterpillar Inc UUI.UJIy1 CI IVCIUFIC IU -Jt /1O1,111-VOUL-YMUU-OOOJ-OCUUUCO/Y1,OO Specifications Table 1 Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a bnef 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 `",' ' k"4 A' 1F y `,a Question �'.$ . - 'F' `�m� Y> 6�' . *. '" 'Aq sx , x a a R�'.' �iy -,l. F .. °u `,,::„,,,,-2,,,, '.- , F Response4 ,�k,t -.h -a x xr~r a ae r,�> r Y ;`"r-_,,:,-' . 3 J`N � s v , . 3" w IA, � _ Id, t� N Iii 'f Y.1F i `apt '-r ' 'rte i 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 subsidianes in Line 1 or Line 2 above N/A , 4 Provide your CAGE code or Unique Entity Identifier (SAM) ' , 11083 5 Proposer Physical Address 5212 N O'Connor Blvd Ste 1100, Irving, TX 75039 6 Proposer website address (or addresses) https //www caterpillar corn/, https //www cat com/en_US html 7 Proposer's Authonzed Representative (name, title, address, email address & phone) (The representative must have authonty 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) Pnmary Contact Patnck Keams Title Vice President Sales & Marketing Address 100 NE Adams St, Peoria, IL 61629 Email Keams_Patnck@Cat Com Phone (309) 675-5181 8 Proposer's pnmary contact for this proposal (name, title, address, email address & phone) - Pnmary Contact Sean Egel Title Govemmental Sales Consultant Address 100 NE Adams St, Peoria, IL 61629 Email Egel_Sean_J@Cat Com Phone (309) '675-1399 9 Proposer's other contacts for this proposal, if any (name, title, address, email address & phone) Pnmary Contact Marta Sevilla Title Governmental Marketing Manager Address 100 NE Adams St, Peoria, IL 61629 Email Sevilla_Marta_E@Catcom Phone (309) 578-1150 Table 2 Company Information and Financial Strength temp Qestior%f Bid Number RFP 011723 Vendor Name Caterpillar Inc UUI.UOlylI CI IVCIUpe IL, W.V../ 41111-UOUL,IYUU-OOO.YOC,LJVCO/ 4 ,rOO 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 The history of Caterpillar is all about doing creating, building, problem solving, innovating, testing, servicing and improving We're proud of the ingenious machines that are part of our nch hentage More importantly, we are proud of the people who founded and built the company one breakthrough at a time Beginning with Benjamin Holt and C L Best, the people of Caterpillar have always been - and continue to be - extraordinary In 1925, when Holt and Best merged to form their new tractor company, they used the name so familiar to people around the world Caterpillar The Caterpillar Tractor Company is today known as Caterpillar Inc With 2021 sales and revenues of $51 0 billion, Caterpillar Inc is the world's leading manufacturer of construction and mining equipment, off -highway diesel and natural gas engines, industnal gas turbines and diesel-electnc locomotives For nearly 100 years, we've been helping customers build a better, more sustainable world and are committed and contributing to a reduced -carbon future Our innovative products and services, backed by our global dealer network, provide exceptional value that helps customers succeed Caterpillar does business on every continent, pnnapally operating through three pnmary segments — Construction Industnes, Resource Industnes and Energy & Transportation — and providing financing and related services through our Financial Products segment Our Worldwide Code of Conduct, first published in 1974, defines what we stand for and believe in, documenting the uncompromisingly high ethical standards our company has upheld since its founding in 1925 The Code helps Caterpillar employees put our values and pnnciples into action every day by providing detailed guidance on the behaviors and actions that support our values of Integnty, Excellence, Teamwork, Commitment and Sustainability Caterpillar's Code of Conduct that can be found at https //www caterpillar com/en/company/code-of-conduct html 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, attachments (work tools), and electncal power generation products through Sourcewell since 2008 Furthermore, we are proud to have earned the Sourcewell Legacy Award in 2019, and have recently been awarded contracts 060122 -CAT and 092222 -CAT Caterpillar's expectations in the event of an award would be to focus on customer needs and continued growth across all governmental segments Sourcewell has built a strong reputation within the industry that has shown the importance of how this cooperative contract delivers upon customer needs This contract will be a top factor in our go to market strategy within our strong Cat dealer network If awarded, we will send out an email to our entire sales force, applicable to governmental, introducing the contract along with ways to train our salesforce, market, and grow the contract We look forward to the opportunity to further grow business and serve member needs together in this new Heavy Construction Equipment RFP opportunity 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 Caterpillar Inc is a publicly traded company, and as such, its financial information is updated quarterly and available at https //investors caterpillar com/overview/default aspx Caterpillar's 2021 Annual Report provides details about our financial position Our SEC filing documents can be found at https //investors caterpillar corn/financials/sec-filings/default aspx Both documents are included as attachments in our Financial Strength and Stability Documents As 2022 results are yet to be released, below you can find a summary of our full year 2021 financials In 2021 full year sales and revenues were $51B of which, North Amencan sales were $22B Operating profit was $6 9B with a profit per share of USD $11 83 Dividends paid per share of USD $4 28 13 What is your US market share for the solutions that you are proposing? Caterpillar is a significant contnbutor to the overall Heavy Equipment sector within the US and Canada Market share information beyond what is made publicly available through our annual reports is considered confidential 14 What is your Canadian market share for the solutions that you are proposing? Caterpillar is a significant contnbutor to the overall Heavy Equipment sector within the US and Canada Market share information beyond what is made publicly available through our annual reports is considered confidential 15 Has your business ever petitioned for bankruptcy protection? If so, explain in detail No Bid Number RFP 011723 Vendor Name Caterpillar Inc UUL,OlylI GIIVCIU, IUUPV10/LMV1-VOUL-4MUU-000J-OC,JVCOl Yl..00 16 How is your organization best descnbed is it a manufacturer, a distnbutor/dealer/reseller, or a service providers Answer whichever question (either a) or b) lust below) best applies to your organization a) If your company is best described as a distnbutor/dealer/reseller (or similar entity), provide your wntten authonzation to act as a distnbutor/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 descnbed 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 party? Caterpillar's a world class manufacturer which distributes products through a vast and capable independent dealer network Our dealers are strong independently owned companies and in North Amenca alone our 47 dealers 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 , Another advantage of independently owned dealers is that they know their customers and market well They tailor their services specifically to their customers' needs Although we will sign this contract as a manufacturer, our Cat 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 Caterpillar dealers heartily embrace the other Sourcewell contracts currently available to them (032119 -CAT, 092222 -CAT, 062320 -CAT, 060122 -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 Amenca 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 Caterpillar and its subsidiaries operate across the globe in a vanety of markets that require Caterpillar to adhere to all locally mandated laws and regulations in order to do business With regards to the temtones covered by this RFP, Caterpillar will comply with applicable laws in -order to do business in the terntones descnbed herein , As an equipment' manufacturer focused on quality, Caterpillar created the Caterpillar Quality Management System, which is a process -based, ISO 9001 2015 compliant' quality management system used throughout Caterpillar to continually improve the quality of our products and services to meet customer, statutory, and regulatory requirements It is registered with IRCA (International Register of Certificated Auditors) as Caterpillar Quality Management System CAT791A 18 Provide all "Suspension or Debarment" information that has applied to your organization during the past ten years N/A Table 3 Industry Recognition & Marketplace Success 'Luiel Item, , Question, Response *v Bid Number RFP 011723 Vendor Name Caterpillar Inc L/UI.UJIIyII CI IVCIIIpe IL!.7/V\O/LfV\-.7OVL-4MUL/-OOOJ-OCI.rL/yCO/Y,OO 19 Descnbe 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 unnecessanly lengthen our response For brevity, we are highlighting some recognition received in 2020, 2021 and 2022 Also note there are many global awards Fortune Magazine #78 on the Fortune 500 2021 Fortune Magazine World's Most Admired Companies World & North Amenca Dow Jones Sustainability Index Forbes Best Employers for diversity 2020 and 2021 #82 Best Global Brands- Interbrand 2021 The Wall Street Joumal Best Managed Companies in 2020 and 2021 The Wall Street Joumal World's Most Sustainably Managed Companies Human Rights Campaign Foundation Corporate Equality Index Dow Jones Sustainability Index (World and North Amenca) 21 years World's Most Sustainably Managed Companies — The Wall Street Joumal United Way World Wide'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) Corporate Social Responsibility Research Center of Southem Weekly (China) Outstanding Contnbution to Poverty Alleviation — China Foundation for Poverty Alleviation (China) 2020 Global 500 — Fortune Magazine America's Most Responsible Companies 2020, 2021 & 2022 — Newsweek Best -Managed Companies of 2020 & 2021 — The Wall Street Joumal Top Companies for Customer Satisfaction — The Wall Street Journal The CEO Leaderboard COVID-19 Reputation Rankings — SJR All-Amenca 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 — Forbes 2020, 2021 & 2022 Best Employers for Veterans 2020 and 2021— Forbes Top Veteran-Fnendly 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 Contnbution — The Economic Observer (China) 20 What percentage of your sales are to the govemmental sector in the past three years The govemmental and educational sector is extremely important to Caterpillar We have a dedicated team to support govemmental customers and their specific needs However, percentage of sales to govemmental is considered confidential 21 What percentage of your sales are to the education sector in the past three years The govemmental and educationaF sector is extremely important to Caterpillar We have a dedicated team to support govemmental customers, including the education sector, and their specific needs However, percentage of sales to education is considered confidential 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 and NY Additionally, we are contract holders with OMNIA and NASPO ValuePoint J _ Just as we would never share Sourcewell sales information with other cooperatives, we also keep the sales volumes from other cooperatives confidential Bid Number RFP 011723 Vendor Name Caterpillar Inc LMI .U.DlylI CIIVCIU,C IU VI1110/LFV\-UOUL,110LJ-000.YCGLAJOCG 14100 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 202046,857,211 2021414,071,364 SIN 333120 Street Repair and Cleaning Equipment and Attachments 202040 / 20214143,837 SIN 335999 Power Distribution Equipment 20204151,267 70 / 202149,473 07 These contracts are used by Caterpillar, but we do not allow our dealers to use GSA contracts Final sales for the year 2022 have yet to be fully reported 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*, Baltimore County, MD Jamie Donahue 410-952-6981 Washington DC Fleet Greg Harrelson 202-437-3799 Town of Scituate Mass Kevin Cafferty 781-545-8732 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 Name . ' ' '- Entity Type *- State/ , ; , Piwince - Sco a of Work p Size -,,,----Bons Dollar Volume Past Three , Years*:- ; Virginia Department of Transportation - Central Govemment Virginia - VA State Department of Transportation for Virginia Caterpillar requests that Sourcewell treat the infomiation in this table as confidential Purchased 41 units $12,321,972 State of Idaho Govemment Idaho -ID State of Idaho Caterpillar requests that Sourcewell treat the information in this table as confidential Purchased 39 units $10,304,218 Alaska Department of Transportation Govemment Alaska - AK State Department of Transportation for Alaska Caterpillar requests that Sourcewell treat the information in this table as confidential Purchased 37 units $12,176,875 , Arkansas State Govemment Arkansas- AR State of Arkansas Caterpillar requests that Sourcewell treat the information in this table as confidential Purchased 28 units $10,053,000 Suwannee County Govemment Flonda - FL A county local to Flonda Caterpillar requests that Sourcewell treat the information in this table as confidential Purchased 26 units $6,567,420 Table 6 Ability to Sell and Deliver Service 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 Iltem Question- Ikesn'OnSe'''*` Bid Number RFP 011723 Vendor Name Caterpillar Inc L/UUJOlJ.II CI IVCIL,C IL! u v1O/L/1/1-UOUL-N1VL-ODUJ-OCl,LJUCCI I4 ,rOO 26 Sales force The Cat dealer salesforce is highly capable and trained in the construction industry The Cat dealer salespeople are consultants to their customers and advise their customers on the best solutions for their application and lob As a manufacturer we request our dealers to follow stnct training protocols to ensure our sales force remains current on all product updates Specifically, as it relates to govemmental sales, each dealer has one or more people named to be a key liaison between us as manufacturer and their dealer sales team They're offered additional in depth training on Sourcewell and ensures that all contract terms are followed Caterpillar has Operational Excellence Programs that recognize dealers' excellence in marketing and sales processes and operations, among other areas of the business In North Amen., our dealers employ more than 53,000 people across the machine, energy, parts and service divisions The dealer sales teams are supported by a network of Caterpillar professionals Each dealer has in terntory support of 5 to 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 temtory experts, the sales and marketing department at Caterpillar's staffed by more than 600 people whose 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 Boasting over 160 dealers throughout 193 countnes worldwide, the Cat dealer network is widely considered to be the best in industry Within Canada and the United States, we have 47 dealers and more than 800 dealer owned locations that sell and rent equipment Please refer to our directory listing of Cat dealer locations and our easy to view locations map in the attached "Additional Documents" zip file Cat dealers are independently -owned Each dealer has multiple branches and a mobile service fleet than can serve customers regardless of location These are full physical locations our govemmental customers can use Because of the size of Cat dealers, they are exceptionally capable to serve governmental customers Dealers have trained specialists that cover many industries including heavy equipment 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 govemmental business to their overall success and they each have one or more govemmental specialists whose lob it is to serve governmental agencies well Please refer to the Cat dealer locations map included in "Additional Documents" Additionally, you can leverage https //www cat com/en_US/support/dealer- locator html to locate dealers by location Bid Number RFP 011723 Vendor Name Caterpillar Inc IJUI.UJIIylI CIIVCIUpe IU U1,10/L/1M-UOUL-YMUU-000J-OC,LIUCD I MA-.OO 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 Amenca, collectively employs more than 20,000 factory trained technicians, parts experts, product support managers and other service-onented staff These subject matter experts are supported by,the best repair shop equipment and matenals 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 seek employment and to retain them once hired Caterpillar works very closely with dealers and through a program called "ThmkBIG", we are able to keep the pipeline of high quality employees full ThmkBIG is a Caterpillar -specific instructional program that pays the student while they tram to become a technician It is a 2 -year program with lab and classroom work, and a paid internship at a sponsonng Cat Dealer As a result, the student will graduate with an accredited degree backed with over 2,000 hours of work expenence 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 who 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 ensunng customer success via product support The dealer service teams are supported by a network of Caterpillar professionals Each dealer has in temtory support of 5 to 8 Caterpillar parts/service employees It is the responsibility of these specialists to ensure that the dealer and Caterpillar are working well together to constantly improve and to adapt to marketplace changes Beyond the terntory 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 Descnbe the ordenng process If orders will ,be handled by distnbutors, 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,mclude ' 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) At month's 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 011723 Vendor Name Caterpillar Inc LAJULIOlyl I CI IVelUpe IL, UPV,0/LMH-U0114,1-VL-000J-OC,LIUCO/4-.00 30 Descnbe 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 In the event a customer ever has 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 matenal or workmanship, within the standard warranty penod, the local Cat dealer will work with Caterpillar to apply the appropnate warranty, and keep the customer informed 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 pnonty tickets within one hour Caterpillar is got everything customers need to keep their Cat machines in top shape Whether they want Genuine Cat parts, manuals and resources to do maintenance and repairs themselves, or prefer to have one of our expert dealer technicians do the work We make it easy to keep their Cat equipment running Some of our service solutions include -Cat Fleet Management (Condition Monitonng) - Lowers the total cost of ownership of machine By connecting your fleet, you will be able to track the location of your assets, monitor & manage the fuel consumption, identify the operators who would need extra training, and plan & schedule your maintenance All of which will maximize your uptime -Customer Value Agreements (CVA) - Customizable plans for your equipment new or used - to do more work with lower, more predictable costs Its a convenient plan to get the most from your equipment throughout its life Examples of CVAs may include but are not limited to Maintenance CVAs, Component CVAs, and Machine CVAs -S•O.S SM Services - A fluid analysis program that provides results that you can trust including trend analysis that provides benefit to your machine and fleet -Cat Inspect - A digital way to perform checklists, pre -work inspections, annual inspections and PM checklists All of which can be captured in the easy to use app 31 Descnbe your ability and willingness to provide your products and services to Sourcewell participating entities in the United States We are proud to serve all geographic areas and all Sourcewell member sectors within the United States to offer our complete products and services Caterpillar has successfully and proudly utilized Sourcewell to sell machines in all 50 states Caterpillar's global reach and presence is unmatched in the industry, and we serve customers around the globe Our manufacturing, marketing, logistics, services, research and development and related facilities, along with our dealer locations, total more than 500 locations worldwide North America specifically is home to 47 factories and 10 parts distribution centers, which make up 40% of our global footprint, The Caterpillar parts network delivers 98% of the parts orders within 24 hours In addition to our facilities listed above, Cat Parts -are available through the Cat dealer network in at different pnce points, including Cat New, Cat General Duty and Cat Reman The Cat dealer network also have the capability to provide dealer exchange components, dealer rebuilt components and used parts when available Each dealer can match the appropnate parts offering to match the customers application and productivity For example, Cat dealers offer Cat factory remanufactured parts (Cat reman) to follow the same quality, performance, and reliability as Cat new parts This product line provides the same as new parts warranty, includes cntical engineenng changes, reduces waste, and protects the environment and saves critical repair time on machines Cat reman also uses 100% Cat parts in the remanufacture process Our 1 4 million parts are available to order 24/7 on Parts Cat Com Bid Number RFP 011723 Vendor Name Caterpillar Inc LJUI OlyII CI IVCIUFJC IUUPV1O/LMM-VOULriMUU-OOO.YCCVUVCCI 44,00 32 Descnbe your ability and willingness to provide your products and services to Sourcewell participating entities in Canada We are serve all geographic areas and all Canoe member sectors within Canada with our complete product and service offenngs In fact, we see the ' Canadian market as a significant growth opportunity for Canoe through Sourcewell contract usage We have gamed momentum with our current contract 032119 -CAT in Canada Caterpillar's global reach and presence is unmatched in the industry, and we serve , customers around the globe Our manufactunng, marketing, logistics, services, research and development and related facilities, along with our dealer locations, total more than 500 locations worldwide North Amenca specifically is home to 47 factones and 10 parts distribution centers, which make up 40% of our global footprint, The Caterpillar parts network delivers 98% of the parts orders within 24 hours In addition to our facilities listed above, Cat Parts are available through the Cat dealer network in at different pnce points, including Cat New, Cat General Duty and Cat Reman The Cat dealer network also have the capability to provide dealer exchange components, dealer rebuilt components and used parts when available Each dealer can match the appropnate parts offenng to match the customers application and productivity For example, Cat@ dealers offer Cat@ factory remanufactured parts (Cat reman) to follow the same quality, performance, and reliability as Cat new parts This product line provides the same as new parts warranty, includes cntical engineenng changes, reduces waste, and protects the environment and saves cntical repair time on machines Cat reman also uses 100% Cat parts in the remanufacture process Our 1 4 million parts are available to order 24/7 on Parts Cat Com 33 Identify any geographic areas of the United States or Canada that you will NOT be fully serving through the proposed contract We are proud to serve all geographic areas of the United States and Canada 34 Identify any Sourcewell participating entity sectors 0 e , govemment, 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 proud to serve all Sourcewell Member sectors within the United States and Canada with our complete product and service offenng through Sourcewell Caterpillar's cooperative purchasing contracts are non-exclusive, i e none of them restnct Caterpillar from promoting our Sourcewell contracts 35 Define any specific contract requirements or restnctions that would apply to our participating entities in Hawaii and Alaska and in US Temtones There are no restrictions or limitations for sales to members in Hawaii, Alaska or U S Temtones Bid Number RFP 011723 Vendor Name Caterpillar Inc LJUUOlylI CIILJ UIV O/ LFV\-OOVL-4/1VU-OVUJ-OC,L UCO 14,00 Table 7 Marketing Plan Line Question , Response e * 36 Descnbe your marketing strategy for promoting this contract opportunity Upload representative samples of your marketing matenals (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 Our pnmary strategy to promote this contract with participating entities is through our Cat dealers' sales force We provide group and individual training to our dealer sales reps, focusing on benefits from selling through cooperative contracts vs bids We proudly announce the award publicly through our multiple customer facing touchpoints which may include 1) Press Release 2) Govemment Solutions Magazine (Caterpillar produced magazine distributed to govemmental customers in the US and Canada) 3) Govemment Training & Safety Days (Govemment customer training events at Caterpillar facilities) 4) Announcement in our governmental customer e -newsletter 5) Feature on our governmental focused website www cat com/governmental 6) Announcement on our social media channels (FB, lnstagram, Linkedln) 7) Display mentions at all governmental tradeshows we attend (NACE Annual Conference, APWA Snow Show, Waste EXPO, GFX, NIGP Annual Forum & Products Expo, and APWA PWX & Annual Roadeo) 8) Update literature with the new contact information (An updated version can be found within our attached marketing plan attachment) 37 Descnbe 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 technologies to reach our customers - Focus on organic search and Search Engine Optimization (SEO) to help our customers digitally find our products and the information they need - Leverage Caterpillar's social media platforms (YouTube, Facebook, Linkedln, Instagram, etc) and ability to target governmental segments - Leverage predictive data analytics (past purchase history and financing information) to recognize in advance when customers may be considenng replacing machines they currently own - Leverage Deltek's GovWIN data in the US and Canada for govemmental lead generation Caterpillar has a Customer Interaction Center available 24/7 who handles digital leads received from cat com, social media, etc Our team qualifies those leads and passes them on to our Cat Dealer network using the Salesforce platform (Customer Relationship Management system) We have processes that allows us to confirm our Cat dealers have reached out to those customers 38 In your view, what is Sourcewell's role in promoting contracts ansing out of this RFP? How will you integrate a Sourcewell-awarded contract into your sales process'', Sourcewell is a well -respected contracting agency within the public procurement industry It is important, in the event of an award, that our products and logos be included in Sourcewell marketing and websde We believe that the most important role that Sourcewell can play in marketing our contract and products, is to market themselves and promote contract purchasing across the industry In the event of an award, Caterpillar will put high pnonty in budding awareness and enthusiasm within our dealer network and customer base to leverage the Sourcewell contract as our go to market strategy 39 _ Are your products or services available through an e -procurement ordenng process? If so, descnbe your e -procurement system and how governmental and educational customers have used it We do offer a e -procurement ordenng process for parts via parts cat corn We can also integrate into a vanety of procurement systems for high volume customers Our wide machine portfolio and multiple configurations per machine model allows us to provide the best machine for the customer need Our Cat dealers are trained to configure our equipment and advise the customer on the best machine and configuration for their application Therefore, a consultative salesperson is integral in this process, and we do not use an e -procurement machine ordenng process Table 8 Value -Added Attributes Line Item Question Response * Bid Number RFP 011723 Vendor Name Caterpillar Inc LJULUOlylI CI IVCIUEJC ILJ U/11Y0/ LFV1-OOUL,PLUIJ-OOOJ-DCLJI JUCD 141x00 40 Descnbe 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 it 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 Caterpillar also has a licensed supplier that offers Cat Simulators to teach operational techniques from real job sites For more information visit https //catsimulators com/ Bid Number RFP 011723 Vendor Name Caterpillar Inc Ll VI.UJIIy.II CI IVCIVNC IU CeV1O1LHVA-UOUL,MULYOVUJ-OCI,L UCCI 44,00 41 Describe any technological advances that your proposed products or services offer Cat technology gives you the power to track, monitor, automate and manage all types of assets- from a single machine, engine, to an entire fleet We even offer technologies that protect your people Listed below are a few technology offenngs (standard and optional) that are used throughout the world in our Cat equipment Next Generation Excavators Cat Vision Link - Delivenng valuable data with connected machine Cat Payload - Precisely load targets every time for faster cycle times Cat Skid Steer and Compact Track Loaders Electronic Torque Management System - Helps maximize performance, minimize fuel consumption Sealed and Pressurized Cabs - Provides a cleaner, quieter work environment Cat Backhoe Loaders Selectable Power Management Modes - Saves fuel while maintaining machine performance Load -Sensing Hydraulic System - Provides excellent response for improved hoe and loader productivity and greater bucket breakout force Cat Tractors Stable Blade - Produces a smoother surface finish Autocarry - Automatic raising and lowenng of blade to maximize pushing capacity and prevent excessive track slippage Cat Wheel Loaders Operator Assist - Helps the operator reduce tire slippage, automatic nmpull management and provides up to 10% better cycle time resulting in higher productivity Autodig - consistent high bucket fill factors delivers up to 10% more productivity Cat Off Highway Trucks Adaptive Economy Mode - Automatically optimizes fuel consumption without affecting productivity just pressing a button Truck Production Management System (TPMS) - Weighting system with side indicator lights showing the operator when they are on last pass and when the truck is fully loaded Cat Articulated Trucks Advanced Automatic Traction Control (AATC) - Technology that proactively applies inter- and cross -axle differential locks 'on -the -go' when needed without assistance from operator's interaction Cat Detect with Stability Assist - Warns the operator if machine is approaching a pre-set angle dunng operation, when dnving and tipping Machine/Operator Safety Technology Machine Secunty System - Gives you control over who can operate your machines and when Prevents theft Seat Belt Reminder - Cost effective safety upgrade that significantly improves operator safety Cat Detect for Personnel - Alert ground crews in close proximity to mobile equipment Cat® Detect for Personnel sounds an immediate, unique alert that cuts through the white noise of engines, generators, cell phones and lob site chatter to protect ground workers from equipment backing incidents Cat Command - Remote control in operations where an operator could be at safety nsk Whether you're looking to add technology to your current machine, or want new ways to get more value out of the technology on your equipment, we have options for you Bid Number RFP 011723 Vendor Name Caterpillar Inc LJUIJUOIIyII CI IVellIpe ILJ iMPV,IILPVI-OOUL"4/1ULJ-000J-OCI,r LJUGO/41,00 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 Caterpillar shares the concerns of governments and the public about the nsks of climate change and supports global efforts to mitigate its impact We are committed to contnbuting to a reduced -carbon future We demonstrate this in many ways including through our significant progress in reducing greenhouse gas (GHG) emissions from our operations and our continued investment in new products, technologies and services Caterpillar is engineering a bnghter future through - Product innovations - Advanced technologies leveraging know-how and R&D - Usage of renewable fuels and fluids - Solutions to improve jobsite efficiency - Maintenance solutions - Manufacturing operations' carbon efficiency Caterpillar's long-standing commitment to sustainability inspires us to set and achieve meaningful environmental, social and governance (ESG) goals and develop innovative products, technologies and services to support our customers on their sustainability journey Caterpillar's fully committed to our customers' success by not only the design and manufacture of durable, reliable, innovative and rebuddable construction equipment, but also through our extensive and unmatched dealer network that provides you the best service and support to keep your equipment running, regardless of the environment or challenges 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 stnve to achieve our vision We believe this commitment supports the enduring success of our customers, stockholders, dealers, and our people Caterpillar's a proud 20 -year member of the Dow Jones Sustainability Indices, including both the World and North Amenca Indices The annuals DJSI process follows a best -in -class approach, evaluating numerous corporate economic, environmental, and social performance factors For more on sustainability please visit our full report attached in the Financial and Stability attachment section 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 - Connth MS - ISO 14001-2015- Sept 2021 6) Reman Services - Franklin - ISO 14001 2004 -May 2017 Bid Number RFP 011723 Vendor Name Caterpillar Inc LlUI.U.DlylI CIIVCIUFIC IL! .7/V10/ LYV1-.70UL-Y/1UL/-ODUJ-IDELJL UCO/Y1,00 44 Descnbe 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 Caterpillar has long drawn on the diversity of its people as a source of innovation and competitive advantage We are proud that our people come from across the globe, with diverse backgrounds, experiences and perspectives Despite our differences — in geography, culture, language and business — we are one Caterpillar, one company united by these common pnnciples with a shared commitment to the highest standards of conduct For example Foley Equipment, a Cat® dealer, with temtory pnmanly in Kansas and Missoun, is woman owned In addition to Foley equipment, there are 31 other women in our North American 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 Propnetary 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 ensunng 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 categones 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 dunng the Monthly Operating Results Review meetings This in turn forces accountability for supplier inclusion by measunng dnvers, such as the number of sourcing projects, which include Divers Suppliers and the values of the protects in which they participate The goal is to create greater transparency to determine which teams are creating inclusive environments and which are not For more detail, please see our attached 2021 Global Diversity & Inclusion Report in the Additional Documents folder Bid Number RFP 011723 Vendor Name Caterpillar Inc LIIJUUJIIJ.II CIIVCIUpe IUUMIA0ILIV1-000L,MUU-ODUJ-CCULIUCC l 4liOO 45 What unique attributes does your company, your products, or your services offer to Sourcewell participating entities? What makes your_proposed solutions unique in your industry as it applies to Sourcewell participating entities? BEST OVERALL VALUE / LOWEST LIFE CYCLE COST Cat products deliver the best value for the money While we rarely have the lowest initial purchase pnce, we are happy to demonstrate to customers that our machines offer the lowest overall owning and operating costs when factors such as fuel efficiency, repair frequency, productivity, and resale value are factored in We believe that government agencies are tasked to be the best stewards of taxpayer funds and our 'products can prove 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 pnce CAT SAFETY SERVICES / SAFETY FEATURES In addition to the tangible, measurable aspects of the life cycle cost equation, we also bnng 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 stnve to minimize the possibility for accidents In addition to built-in safety features, we also offer products and services that are unique in the industry Cat Safety Services include, but are not limited to, the following Safety Perception Survey - Used to establish a baseline safety -culture assessment by measunng employee perceptions and gaps in beliefs between management and employees on the front line across 20 Safety Culture Indicators Safety Leadership Assessment - Used to measure individual safety leadership capability around four domains of safety leadership Worksite Assessment - Compares onsite observations of safety practices and employee interview data to the documented processes and procedures Continuous Improvement Process - Involving all levels of the organization to generate engagement, involvement, and ownership in the safety improvement process - Training - can be conducted with e-leaming courses on http //safelyhome cat com, instructor - led training products or as Supplier -facilitated workshops Topics available include, but are not limited to, safety culture, effective communication, supervisor safety training, recognition, etc Fleet Management & Services through Caterpillar Job Site Solutions We leverage the power of Caterpillar and our dealers by designing innovative solutions that solve customer problems and that have a positive impact on their bottom line We approach each site differently, stnving to deliver exactly what's needed — no more, no less Every solution includes a unique mix of Caterpillar and dealer capabilities using industry best products, technology, services and expertise necessary to meet the customer's definition of success The goal is to leave customers better off tomorrow than they are today Details on products and services are available at www cat com/safety More information can be found in the additional document section Pncing can be found in -the pricing document section Bid Number RFP 011723 Vendor Name Caterpillar Inc UUI.UOlylI CI IVelli, IL.J W,11O/Gl1M-UOLIZ,MUU-OOOJ-CCLAJVCD,FLJOO Table 9 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 matenals Of applicable) in the document upload section of your response in addition to responding to the questions below Line Item Question Response* - 46 Do your warranties cover all products, parts, and labor? Caterpillar has extensive warranty coverage Please see our warranty statements attached in the warranty rnfomiatron documents 47 Do your warranties impose usage restrictions or other limitations that adversely affect coverage? Please see applicable warranty statements in the attached documents 48 Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? Caterpillar does not cover travel time and mileage Dealer temtones vary considerably from state to state as do their policies about travel time and mileage dunng the warranty penod 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 seance for warranty repair? One of our key differentiating strengths is our ability to service equipment regardless of where it is located Please see applicable warranty statements in the attached documents 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 onginal 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 return programs and policies? Please see applicable warranty statements in the attached documents 52 Descnbe any service contract options for the items included in your proposal We have a large vanety 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 (EPP) After the initial warranty penod ends, members may choose to purchase additional protection plans to reduce their exposure to unplanned costs These policies are wntten 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 descnption of all these options is included in the attached Equipment Protection Plans document EPP can be purchased at the same time as the machine purchase, or anytime before the standard warranty expires 2) Customer Value Agreements (CVA's) A member may choose to enter into an agreement with their Cat dealer 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 CVAs can be purchased at the same time as the machine purchase, or anytime after Cat Financial also offers CVAs, which can be performed by Cat dealers in the United States, and are particularly helpful for customers who move their machine fleet to multiple locations which may have different servicing Cat dealers Bid Number RFP 011723 Vendor Name Caterpillar Inc L/UI.UOlylI CIMV10/G/1/1-VOUL-fMUL!-000J-OCI, L.M.17/Y1i00 Table 10 Payment Terms and Financing Options Item Question Response., 53 Describe your payment terms and accepted payment methods Cat dealers are independently owned businesses As such their payment terms and accepted payment methods vary, but all will be stated on individual invoices The most common terms are net 30 54 Descnbe 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 public Caterpillar has its own financing arm, Cat Financial Cat Financial was founded in 1981 and serves Cat customers and dealers With over 1,900 employees, Cat Financial is active in more than 40 countnes covenng more than 148,000 customers worldwide Cat Financial offers you a complete solution for your acquisition needs - Equipment & Attachments - Parts - Service - Rebuilds Financial products are aligned and customized with the project and work site requirements such as operating lease, loan or finance lease Find more information from Cat Financial here https //www cat com/en_US/support/financing-protection html 55 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 56 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 limitations on the amount that can be processed Bid Number RFP 011723 Vendor Name Caterpillar Inc LAJUUOlyll CIIVeltJ, IL, yrwolchH-yoVL-VMULI-owroC,L,VCD 14,00 Table 11 Pricing and Delivery Provide detailed pricing information in the questions that follow below Keep in mind that reasonable pnce and product adjustments can be made during the term of an awarded Contract as descnbed in the RFP, the template Contract, and the Sourcewell Pnce and Product Change Request Form Line Item Question Response* 57 Descnbe your pricing model (e g , line -item discounts or product -category discounts) Provide detailed pncing data (including standard or list pncing 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 pncing matenals (if applicable) in the document upload section of your response We offer a deep list discount off the current Caterpillar machine and work tool list pnces to all Sourcewell members We have provided base machine list pricing in the document pncing section Base machines must be property configured with other mandatory and optional items from the pnce list before they are considered operational For the execution of the agreement we will ask our Cat 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 stated list discount to that configured list pnce amount Dealer and members should remember to factor in any expected price increases if a machine will be built to order The pncing document, in the applicable pncing document attachment section, shows the list discount offered for each new machine Additionally, we are pleased to offer a list discount of 15% off all products and consulting services under Cat Safety Services 58 Quantify the pncing discount represented by the pricing proposal in this response For example, if the pncing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range Pncing in this proposal is a percentage discount from list on current machine and work tools list pnces Our discount range vanes between 3 - 34% off of the list price depending on the product family or model 59 Descnbe any quantity or volume discounts or rebate programs that you offer Our dealers are empowered to consider purchase order volume, repeat purchases, etc They may offer members additional discounts and /or services at their discretion 60 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 Cat dealers The pnces 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 these 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 customer's Sourcewell member number on the PO and /or invoice shall be deemed sufficient 61 Identify any element of the total cost of acquisition that is NOT included in the pncing 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 dealer costs (like pre -delivery inspection, installation, set up, training, etc) will be itemized separately and are not subject to the Caterpillar list discount for Sourcewell members 62 If freight, delivery, or shipping is an additional cost to the Sourcewell participating _entity, descnbe 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 Sourcewell member's location 63 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 Sourcewell members' location 64 Descnbe any unique distnbution and/or delivery methods or options offered in your proposal Machines are large purchases and if there are unique Sourcewell member requirements our dealers will be happy to discuss on a case by case basis Bid Number RFP 011723 Vendor Name Caterpillar Inc UUIiUOllylI CI IVCIUpe IL/MIJAO/LfV1-VOUL,/1UL/-OVUJ-UCl,LIVCO/Y1,OO Table 12 Pricing Offered Line Item The Pncmg Offered in this Proposal is * Comments 65 b the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments Caterpillar wants to provide the governmental customer the best list discount possible to allow them to be good stewards of tax -payers funds We want our govemmental customers to have the ability to choose which cooperative contract better fits their needs Table 13 Audit and Administrative Fee Line Item Question Response* 66 Specifically describe any self -audit process or program that you plan to employ to venfy compliance with your proposed Contract with Sourcewell This process includes ensunng that Sourcewell participating entities obtain the proper pncing, 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 descnbed 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 pncing 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 properly, we use our post -sale credit system In a nutshell, this means that we corporately support the pncing 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's name, 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 67 If you are awarded a contract, provide a few examples of internal 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 011723 68 - 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 0 33% of Caterpillar's list pnce 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 Bid Number RFP 011723 Vendor Name Caterpillar Inc UUI.U.DlylI CI IVCIUpa ILI W.V../crw-UoUc-Yr1Uu-oUJJ-0. ,IJ.7Co 14rl.00 Table 14A Depth and Breadth of Offered Equipment Products and Services Ism Question Response 69 Provide a detailed description of the equipment, products, and services that you are offering in your proposal The Cat equipment product line, consisting of more than 300 machines, sets the standard for our industry We plan to help you meet your needs with our equipment, with our distnbution and product support system, and the continual introduction and updating of products Caterpillar's pleased to offer a wide vanety of products for Sourcewell members Excluding paving products, equipment and services awarded on 060122 -CAT these include - Cat Backhoe Loaders (9 models offered) - Cat Compact Track Loader/Skid Steer Loader (14 models offered) - Cat Track/Wheel Hydraulic Excavators (41 models offered) - Cat Motor Graders (7 models offered) - Cat Telehandlers (8 models offered) - Cat Track Loaders (3 models offered) - Cat Track/Wheel Dozers (15 models offered) - Cat Wheel Loaders (19 models offered) - Cat Wheel Tractor Scrapers (7 models offered) - Cat Articulated Trucks (5 models offered) - Cat Rigid Frame Trucks (2 models offered) - Cat Matenal Handlers (3 models offered) - Cat Landfill Compactors (3 models offered) - Product offenngs by model and discount can be found in the pricing attachment within the applicable proposal pricing section Services and support include - Cat Attachments (Worktools) - Cat Technology - Cat Safety Services - Cat Job Site Solutions - Product offenngs by model and discount can be found in the pncing attachment within the applicable proposal pricing section - Services and support brochures can be found in the additional documents section by name of offenng For more detailed information on each of these products/offenngs see the following website https //www cat corn/en_US html 70 Within this RFP category there may be subcategones of solutions List subcategory titles that best describe your products and services N/A Bid Number RFP 011723 Vendor Name Caterpillar Inc LJUUUOly1I CI IVClupe ILJ. Via -1"W Lt1t1-VOUL-4-tt- VU-ODUL-CCI�UVCC / "t1-eOO 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 Categorl or Mae Offered Comments 71 Wheeled, tracked, and backhoe loaders c '_ Yes No listed Manufactured section. in applicable by Caterpillar. pricing Offerings attachment 7 Motor Graders r• r Yes No listed Manufactured section. in applicable by Caterpillar. pricing Offerings attachment 73 Wheeled and tracked excavators '= r• Yes No listed Manufactured section. in applicable by Caterpillar. pricing attachment Offerings 74 Bulldozers. rigid haulers compactors, scapers, articulated and r r Yes No listed Manufactured section. in applicable by Caterpillar. pricing Offerings attachment 75 Cranes im 'e Yes No NIA 76 Accessories 75 above or attachments for the offering in #71- , '• r• Yes No , listed Manufactured section. in applicable by Caterpillar. pricing attachment Offerings 77 Technology above or services for the offering in #71-75 '; Yes No Manufactured Offerings attachment listed section. or offered in applicable by Caterpillar. pricing Table 14C: Required Offering of Equipment Indicate below if the proposer's proposal includes at least one (1) of the following listed types or classes of equipment. Provide additional comments in the text box provided, as necessary. Line Item Categor\ or T1pe Offered Comments 78 Wheel of at least Nader with 300 HP published net horsepower (HP) c Yes No listed Manufactured section. in applicable by Caterpillar. pricing Offerings attachment 79 Wheeled horsepower or tracked (HP) of excavator at least 150 with HP a published net r r Yes No listed Manufactured section. in applicable by Caterpillar. pricing Offerings attachment 80 Motor weight Grader of at least with a published 30,000 lbs. maximum operating (: - Yes No listed Manufactured section. in applicable by Caterpillar. pricing Offerings attachment 81 Rough telescopic capacity maximum terrain, of crane at boom all least terrain, with length a 300 of crawler, published tons at least and floating, maximum a 150 published feet lattice, lifting or r: Yes No NIA 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 011723 Vendor Name: Caterpillar Inc UUI.U%ply. I I LI IVCIupe IU. VtAr10/ L -VA-VOUL-4-t/'1UU-OVUU-CCIiL/ C.DH-tVOO 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 - Machine Pricing.zip - Tuesday January 17, 2023 15:29:45 • Financial Strength and Stability - Fin Strength and Stability.zip - Tuesday January 17, 2023 10:31:16 • Marketing PIanlSamples - Marketing Plan.pdf - Tuesday January 17, 2023 14:53:49 • WMBEIMBEISBE or Related Certificates (optional) • Warranty Information - Warranty Combined.pdf - Monday January 16, 2023 10:36:31 • Standard Transaction Document Samples (optional) • Upload Additional Document - Additional Documents.zip - Tuesday January 17, 2023 16:05:29 Bid Number: RFP 011723 Vendor Name: Caterpillar Inc VUl..UJIIJ.II CIIVCIUpe IV. Vt-V-1O/ Lt-strt-SOUL. 44/'1UV-ODUO-DCI../LJVC.D/ ‘+1/4_,00 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 recessary 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 Un ted 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 011723 Vendor Name: Caterpillar Inc UULUJIIy.II L.'weitipe IU. � AtAO1Z.K t-VOUL-'t/'1VV-OVV:J-CCVV�CEf't1-FOO 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. F 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. - Sean Egel, Sales Support Consultant, 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_5_Heavy_Construction_Equipment_RFP_011723 Tue January 10 2023 08:47 AM Addendum_4_Heavy_Construction_Equipment_RFP_011723 Fri January 6 2023 09:51 AM Addendum_3_Heavy_Construction_Equipment_RFP_011723 Thu December 29 2022 12:33 PM Addendum_2_Heavy_Construction_ Equipment_RFP_011723 Wed December 21 2022 01:49 PM Addendum_1_Heavy_Construction_Equipment_RFP 011723 Thu December 15 2022 09:27 AM have reviewed the below addendum and attachments (if applicable) Pages 1 2 2 1 1 Bid Number: RFP 011723 Vendor Name: Caterpillar Inc LAJUUJIyII CI IVellipe IL, UP1/1O/LPV1-.70UL-MIWLJ-000J-JC1,LJVCO l.1 ,00 SOURCEWELL TRADEMARK LICENSE ADDENDUM This Addendum is by and between SOURCEWELL, 202 -12th Street NE, PO Box 219, Staples, Minnesota 56479 ("Sourcewell") and Caterpillar Inc., having its principal place of business at 5212 N O'Connor Blvd , Suite 1100, Irving, TX 75039, and offices at 100 NE Adams Street, Peoria, Illinois, 61629 ("Caterpillar" or "Vendor") Sourcewell and Caterpillar may be referred to in this Agreement as a "Party" and collectively as the "Parties " The Parties maintain a contractual relationship for Vendor to provide equipment, products, or services to Sourcewell's cooperative purchasing contracts as follows Sourcewell Contract 011723 — CAT (Solicitation Number. 011723) 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 I: GRANT OF LICENSE A GRANT OF LICENSE During the term of the Contract 1 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 2 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 3 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 B 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 TM -10-01077 L/UI.UOlylI CI IVCIUpC IUU/1MO/L/V1-UOIJL-4MUlJ-OOOJ-OC,LMCDI.4,OO C USE, QUALITY CONTROL 1 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 2 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 3 Beyond what is permitted in this Addendum, neither Party will a 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, b represent that it has any rights of any nature in the Licensed Trademarks other than those enjoyed under the terms of this Agreement, c 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 d 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 ARTICLE II. TERM, TERMINATION, AND MISCELLANEOUS. A EFFECTIVE DATE This Addendum is effective upon the date of the final signature below B TERMINATION Unless earlier terminated in accordance with this Article, this Addendum expires immediately upon the expiration or termination of the Contract - 1 Termination for Convenience This Addendum may be terminated by either Party at any time upon ninety (90) days' prior written notice to the other Party 2 Termination for Breach This Addendum may be terminated by either Party upon a breach of the ' terms of this Addendum 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 3 Effect of Termination Upon the termination of this Addendum 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 TM -20-01077 Uut,uoi i l GI IVellipG II -J. r1P\O/ Ltskr1-VOVL-i-trAULJ-OVVJ-GGVUVGID /'+1 00 (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. 4. Miscellaneous. The terms and conditions of this Addendum shall have no effect on the terms and conditions of any other trademark licenses signed by the Parties. All other terms of the Contract remain in full force and effect, unless otherwise terminated. l SOURC By: DocuSigned by: Sdavatht) CCFD2A139D06489 Name: Jeremy Schwartz Title: Di rector of operations Date: DocuSigned by: C a tr e'dell 6�a c ka'i&S By:-68A87926721B4E0 Patrick Kearns Name: and Procurementpip0 vice Presi dent Sales & Marketing - North Ameri 5/24/2023 12:45 PM CDT Date: 5/24/2023 12:48 PM PDT TM -20-0107: Hello