HomeMy WebLinkAboutQuinn Company Formal Cooperative Purchase Agreement 9-20-23 uuuu Jlly.l I CI IVCIupt:IW.OOrur:)DL-MI I/"FM I 0-MC.7 I-uyG I I I uM IMUM
FORMAL COOPERATIVE PURCHASE AGREEMENT
THIS AGREEMENT (Agreement) is made and entered into, effective on
/20
by and between CITY OF FRESNO, a California municipal
corporation (City), and Quinn Company, a California Corporation (Vendor).
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and promises hereinafter contained to be kept and performed by the respective parties,
it is mutually agreed as follows:
1. The Charter for the City allows for cooperative purchase agreements for materials,
supplies, and equipment. The City may use another government agency's
agreement, as an exception to the competitive bid process. The Parties agree that
the Vendor has entered a contract with Sourcewell (Original Government
Contract). The solicitation for the Original Government Contract is attached as
Exhibit A.
2. Vendor's Obligation. Vendor shall provide those services and carry out that work
described in the Original Government Contract, which is attached hereto as
Exhibit B and is incorporated herein by reference, subject to all the terms and
conditions contained or incorporated herein.
3. City's Obligation. City shall make to the Vendor those payments described in
Exhibits A and B, subject to all the terms and condition contained or incorporated
herein
4. Notwithstanding the requirements that the Original Government Contract is fully
binding on the Parties, the parties have agreed to modify certain non-material
provisions of the Original Government Contract as applied to this Agreement
between the Vendor and the City, as follows:
a) City's Insurance and Indemnity provisions attached as Exhibit C.
b) Address change for the City: Notwithstanding the address and contract
information for the government entity as set out in Exhibit B, the Vendor
agrees that notices and invoices will be sent to:
City of Fresno
Attention: Duane Myers
2223 G Street
Fresno, Ca 93706
Phone: (559) 621-1186
FAX: (559) 485-2167
E-mail: Duane.Myers@fresno.gov
c) Notwithstanding anything in Exhibits A and B to the contrary, this
Agreement shall be governed by, and construed and enforced in
accordance with , the laws of the State of California, excluding however,
any conflict of laws rule which would apply the law of another jurisdiction.
GSD-B Formal Product CPA-DPW(12-2022)
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Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall
be Fresno County, California.
d) All other provisions in the Original Government Contract are fully binding on
the parties and will represent the agreement between the City and the
Vendor.
5. The City Manager, or designee, is hereby authorized and directed to execute and
implement this Agreement. The previous sentence is not intended to delegate any
authority to the City Manager to administer the Agreement, any delegation of
authority must be expressly included in the Agreement.
[Signatures follow on the next page.]
GSD-B Formal Product CPA-DPW(12-2022)
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO, QUINN COMPANY, a California
a Califorg�,a jpunicipal corporation Corporation
Docu gne y:
B ht,tpvsostam, ptratt,S 9/15/2023 DocuSignedby:
Y Melissa erales ByF�IA rr" 9/14/2023
Purchasing Manager
General Services Department Name:Ml chel e Locke
APPROVED AS TO FORM: Title: CFO
ANDREW JANZ (If corporation or LLC., Board Chair,
City Attorney PL
��s; e��le Pres.)
DocuSign d by:r
qu,�p� ���{ 9/19/2023 By: 9/14/2023
By. -v
,�F�Safi:C4De . Date
Name:"enry Quan
Supv./Sr. Deputy City Attorney
Title: Executive VP
ATTEST: (If corporation or LLC., CFO, Treasurer,
TODD STERMER, CMC Secretary or Assistant Secretary)
City %r.�
ncu igned by:
B fiil & qbw 9/20/2023 VENDOR:
Y: oy ,o Quinn Company
Attention: Mark Young
Deputy 3594 South Bagley Ave
Fresno, Ca 93725
Phone: (559) 647-6537
FAX:
E-mail: myoung@qrs-cat.com
Attachments:
Exhibit A - Original Solicitation
Exhibit B - Original Government Contract
Exhibit C - City's Insurance and Indemnity
GSD-B Formal Product CPA-DPW(12-2022)
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Sourcewell
RFP#062320
REQUEST FOR PROPOSALS
for
Equipment Rental with Related Services
Proposal Due Date:June 23, 2020, 4:30 p.m., Central Time
Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting
proposals for Equipment Rental with Related Services to result in a contracting solution for use
by its Participating Entities. Sourcewell Participating Entities include thousands of governmental,
higher education, K-12 education, nonprofit, tribal government, and other public agencies
located in the United States and Canada. A full copy of the Request for Proposals can be found
on the Sourcewell Procurement Portal [htt s: r❑ ortal.sourcewell-mn. ov]. Only proposals
submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no
later than June 23, 2020, at 4:30 p.m. Central Time, and late proposals will not be considered.
Solicitation Schedule
Public Notice of RFP Published: April 30, 2020
Pre-proposal Conference: June 2, 2020, 10:00 a.m., Central Time
Question Submission Deadline: June 16, 2020, 4:30 p.m., Central Time
Proposal Due Date: June 23, 2020,4:30 p.m., Central Time
Late responses will not be considered.
Opening: June 23, 2020, 6:30 p.m., Central Time **
**SEE RFP SUB-SECTION V.G."OPENING"
Rev.2/2020 Sourcewell RFP#062320
Equipment Rental with Related Services
Page 1
e
I. ABOUT SOURCEWELL PARTICIPATING ENTITIES
A. SOURCEWELL
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates
a competitive public solicitation and contract award process for the benefit of its 50,000+
participating entities across the United States and Canada. Sourcewell's solicitation process
complies with State of Minnesota law and policies, conforms to Canadian trade agreements,
and results in cooperative contracting solutions from which Sourcewell's Participating Entities
procure equipment, products, and services.
Cooperative contracting provides participating entities and vendors increased administrative
efficiencies and the power of combined purchasing volume that result in overall cost savings. At
times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing
volume of their membership into a single solicitation and contract expanding the reach of
contracted vendors' potential pool of end users.
Sourcewell uses a website-based platform, the Sourcewell Procurement Portal,through which
all proposals to this RFP must be submitted.
B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell's contracts are available for use by:
• Federal and state government entities;
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.
In Canada, Sourcewell's contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards,
councils, committees, commissions, and similar agencies;
• Regional, local, district, and other forms of municipal government, municipal
organizations, school boards, and publicly-funded academic, health, and social service
entities referred to as MASH sector(this should be construed to include but not be
limited to the Cities of Calgary, Edmonton,Toronto, Calgary, Ottawa, and Winnipeg), as
well as any corporation or entity owned or controlled by one or more of the preceding
entities;
Rev.2/2020 Sourcewell RFP#062320
Equipment Rental with Related Services
Page 2
• Crown corporations, government enterprises, and other entities that are owned or
controlled by these entities through ownership interest;
• Members of the Rural Municipalities of Alberta (RMA) and their represented
Associations, Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan
Urban Municipalities Association (SUMA), Association of Manitoba Municipalities
(AMM), Local Authority Services (LAS), Municipalities Newfoundland and Labrador
(MNL), Nova Scotia Federation of Municipalities (NSFM), and Federation of Prince
Edward Island Municipalities (FPEIM).
For a listing of current United States and Canadian Participating Entities visit Sourcewell's
website (note: there is a tab for each country's listing): htt s www.sourcewell-
mn. ov sourceweil-for-vendors member-locator.
Access to contracted equipment, products, or services by Participating Entities is typically
through a purchase order issued directly to the applicable vendor. A Participating Entity may
request additional terms or conditions related to a purchase. Use of Sourcewell contracts is
voluntary and Participating Entities retain the right to obtain similar equipment, products, or
services from other sources.
To meet Participating Entities' needs, public notice of this RFP has been broadly published,
including notification in the United States to each state-level procurement department for
possible re-posting.
Proof of publication will be available at the conclusion of the solicitation process.
II. EQUIPMENT, PRODUCT'S AND SERVICES
A. SOLUTIONS-BASED SOLICITATION
This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell
is seeking equipment, products, or services that meet the general requirements of the scope of
this RFP and that are commonly desired or are required by law or industry standards.
B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that Proposers will offer a wide array of equipment, products, or services at lower
prices and with better value than what they would ordinarily offer to a single government
entity, a school district, or a regional cooperative.
1. Sourcewell is seeking proposals for Equipment Rental with Related Services, including, but not
to be limited to:
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Equipment Rental with Related Services
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a. Heavy, medium or light construction equipment, electrical tools, power equipment
and general construction tools, heating,ventilation and air conditioning (HVAC)
equipment, material handling equipment, pumps, concrete and masonry equipment
and tools, public works and utility equipment,trucks and trailers,waste and debris
handling equipment, generators;
b. Tree, lawn, and landscape equipment, snow and ice removal equipment,facility
maintenance and cleaning equipment, safety equipment, temporary shelters and
seating, audio visual equipment, public address systems, portable sign boards,
portable traffic signals, road barricades and signs;
c. Environmental conditions or emissions monitoring equipment, calibration and
testing equipment, and imaging equipment;
d. Related services, including delivery, installation or setup, removal, repair,
maintenance, equipment training programs, safety training programs; and,
e. Used rental equipment sales.
2. The primary focus of this solicitation is on equipment rentals. This solicitation should
NOT be construed to include:
a. Automotive rental or leasing.
Proposers may include related equipment, supplies, accessories, and services to the extent that
these solutions are complementary to the equipment, products, or service(s) being proposed.
Generally,the solutions for Participating Entities are turn-key solutions, providing a
combination of equipment, products and services, delivery, and installation to a properly
operating status. However, equipment or products only solutions may be appropriate for
situations where Participating Entities possess the ability, either in-house or through local third-
party contractors,to properly install and bring to operation the equipment or products being
proposed.
Sourcewell prefers vendors that provide a sole source of responsibility for the products and
services provided under a resulting contract. If Proposer requires the use of dealers, resellers,
or subcontractors to provide the products or services, the Proposal should address how the
products or services will be provided to Participating Entities and describe the network of
dealers, resellers, and/or subcontractors that will be available to serve Participating Entities
under a resulting contract.
Sourcewell desires the broadest possible selection of equipment, products, and services being
proposed over the largest possible geographic area and to the largest possible cross-section of
Sourcewell current and future Participating Entities.
C. REgUIREMENTS
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Equipment Rental with Related Services
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It is expected that Proposers have knowledge of all applicable industry standards, laws, and
regulations and possess an ability to market and distribute the equipment, products, or services
to Participating Entities.
1. Safety Requirements. All items proposed must comply with current applicable safety or
regulatory standards or codes.
2. ❑eviation from Industry Standard. Deviations from industry standards must be
identified with an explanation of how the equipment, products, and services will
provide equivalent function, coverage, performance, and/or related services.
3. New Equipment and Products. Proposed equipment and products must be for new,
current model; however, Proposer may offer certain close-out equipment or products if
it is specifically noted in the Pricing proposal.
4. Delivered and operational. Unless clearly noted in the Proposal, equipment and
products must be delivered to the Participating Entity as operational.
5. Warranty.All equipment, products, supplies, and services must be covered by a
warranty that is the industry standard or better.
D. ANTICIPATED CONTRACT TERM
Sourcewell anticipates that the term of any resulting contract(s) will be four(4) years. Up to
two one-year extensions may be offered based on the best interests of Sourcewell and its
Participating Entities.
E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts,the estimated annual value of all transactions from
contracts resulting from this RFP are anticipated to be USD$80 Million;therefore, proposers are
expected to propose volume pricing. Sourcewell anticipates considerable activity under the
contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract
are not guaranteed.
F. MARKETING PLAN
Proposer's sales force will be the primary source of communication with Participating Entities.
The Proposer's Marketing Plan should demonstrate Proposer's ability to deploy a sales force or
dealer network to Participating Entities, as well as Proposer's sales and service capabilities. It is
expected that Proposer will promote and market any contract award.
G. ADDITIONAL CONSIDERATIONS
1. Contracts will be awarded to Proposers able to best meet the need of Participating
Entities. Proposers should submit their complete line of equipment, products, or
services that are applicable to the scope of this RFP.
Rev.2/2020 Sourcewell RFP#062320
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2. Proposers should include all relevant information in its proposal,since Sourcewell
cannot consider information that is not included in the Proposal. Sourcewell reserves
the right to verify Proposer's information and may request clarification from a Proposer,
including samples of the proposed equipment or products.
3. Depending upon the responses received in a given category, Sourcewell may need to
organize responses into subcategories in order to provide the broadest coverage of the
requested equipment, products, or services to Participating Entities. Awards may be
based on a subcategory.
4. A Proposer's documented negative past performance with Sourcewell or its
Participating Entities occurring under a previously awarded Sourcewell contract may be
considered in the evaluation of a proposal.
III. PRICING
A. REgUIRE;MENTS
All proposed pricing must be:
1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of
these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must
indicate the Vendor's published "List Price," as well as the "Contract Price."
b. Percentage Discount from Catalog or Category is based on a percentage discount from
a catalog or list price, defined as a published Manufacturer's Suggested Retail Price
(MSRP) for the products or services. Individualized percentage discounts can be
applied to any number of defined product groupings. Proposers will be responsible
for providing and maintaining current published MSRP with Sourcewell, and this
pricing must be included in its proposal and provided throughout the term of any
Contract resulting from this RFP.
2. The Proposer's ceiling price (Ceiling price means that the proposed pricing will be
considered as the highest price for which equipment, products, or services may be billed
to a Participating Entity). However, it is permissible for vendors to sell at a price that is
lower than the contracted price;
3. Stated in U.S. and Canadian dollars (as applicable); and
4. Clearly understood, complete, and fully describe the total cost of acquisition (e.g., the
cost of the proposed equipment, products, and services delivered and operational for its
intended purpose in the Participating Entity's location).
Proposers should clearly identify any costs that are NOT included in the proposed product or
service pricing. This may include items such as installation, set up, mandatory training, or initial
inspection. Include identification of any parties that impose such costs and their relationship to
the Proposer. Additionally, Proposers should clearly describe any unique distribution and/or
delivery methods or options offered in the Proposal.
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B. ADMINISTRATIVE FEES
Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell
facilitating the resulting contracts.The administrative fee is normally calculated as a percentage
of the total sales to Participating Entities for all contracted equipment,products,or services made
during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some
categories, a flat fee may be an acceptable alternative.
IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see
attached template). Only those modifications the Proposer indicates in its proposal will be
available for discussion. Much of the language in the Contract reflects Minnesota legal
requirements and cannot be altered. Numerous and/or onerous exceptions that contradict
Minnesota law may result in the Proposal being disqualified from further review and
evaluation.
To request a modification to the Contract terms, conditions, or specifications, a Proposer must
complete and submit the Exceptions to Terms, Conditions, or Specifications table,with all
requested modifications,through the Sourcewell Procurement Portal at the time of submitting
the Proposer's Proposal. Exceptions must:
1. Clearly identify the affected article and section, and
2. Clearly note what language is requested to be modified.
Unclear requests will be automatically denied.
Only those exceptions that have been accepted by Sourcewell will be included in the contract
document provided to the awarded vendor for signature.
If a Proposer receives a contract award resulting from this solicitation it will have up to 30 days
to sign and return the contract.After that time, at Sourcewell's sole discretion,the contract
award may be revoked.
V. RFP PROCESS
A. PRE-PROPOSAL CONFERENCE
Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the
date and time noted on page one of this RFP and on the Sourcewell Procurement Portal.The
purpose of this conference is to allow potential Proposers to ask questions regarding this RFP
and Sourcewell's competitive contracting process. Information about the webcast will be sent
to all entities that have registered for this solicitation opportunity through their Sourcewell
Procurement Portal Vendor Account. Pre-proposal conference attendance is optional.
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B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
Questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.
The deadline for submission of questions is found in the Solicitation Schedule and on the
Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to
this RFP. Repetitive questions will be summarized into a single answer and identifying
information will be removed from the submitted questions.
All questions, whether specific to a Proposer or generally related to the RFP, must be submitted
using this process. Do not contact individual Sourcewell staff to ask questions or request
information as this may disqualify the Proposer from responding to this RFP. Sourcewell will not
respond to questions submitted after the deadline.
C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an
addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to
potential Proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability
in connection with the delivery of any addenda.
Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if
any, must be acknowledged by the Proposer by checking the box for each addendum. It is the
responsibility of the Proposer to check for any addenda that may have been issued up to the
solicitation due date and time.
If an addendum is issued after a Proposer submitted its proposal, the Sourcewell Procurement
Portal will WITHDRAW the submission and change the Proposer's proposal status to
INCOMPLETE. The Proposer can view this status change in the "MY BIDS" section of the
Sourcewell Procurement Portal Vendor Account. The Proposer is solely responsible to check the
"MY BIDS" section of the Sourcewell Procurement Portal Vendor Account periodically after
submitting its Proposal (and up to the Proposal due date). If the Proposer's Proposal status has
changed to INCOMPLETE, the Proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal
no later than the Proposal Due Date and time shown in the Solicitation Schedule above.
D. PROPOSAL SUBMISSION
Proposer's complete proposal must be submitted through the Sourcewell Procurement Portal
no later than the date and time specified in the Solicitation Schedule. Any other form of
proposal submission, whether electronic, paper, or otherwise, will not be considered by
Rev.2/2020 Sourcewell RFP#062320
Equipment Rental with Related Services
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Sourcewell. Late proposals will not be considered. It is the Proposer's sole responsibility to
ensure that the proposal is received on time.
It is recommended that Proposers allow sufficient time to upload the proposal and to resolve
any issues that may arise.The time and date that a Proposal is received by Sourcewell is solely
determined by the Sourcewell Procurement Portal web clock.
In the event of problems with the Sourcewell Procurement Portal,follow the instructions for
technical support posted in the portal. It may take up to twenty-four(24) hours to respond to
certain issues.
Upon successful submission of a proposal,the Portal will automatically generate a confirmation
email to the Proposer. If the Proposer does not receive a confirmation email, contact
Sourcewell's support provider at support bidsandtenders.ca.
To ensure receipt of the latest information and updates via email regarding this solicitation, or
if the Proposer has obtained this solicitation document from a third party,the onus is on the
Proposer to create a Sourcewell Procurement Portal Vendor Account and register for this
solicitation opportunity.
Within the Procurement Portal, all proposals must be digitally acknowledged by an authorized
representative of the Proposer attesting that the information contained in in the proposal is
true and accurate. By submitting a proposal, Proposer warrants that the information provided
is true, correct, and reliable for purposes of evaluation for potential contract award.The
submission of inaccurate, misleading, or false information is grounds for disqualification from a
contract award and may subject the Proposer to remedies available by law.
E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
• In substantial compliance with the requirements of this RFP or it will be considered
nonresponsive and be rejected.
• Complete. A proposal will be rejected if it is conditional or incomplete.
■ Submitted in English.
• Valid and irrevocable for 90 days following the Proposal Due Date.
Any and all costs incurred in responding to this RFP will be borne by the Proposer.
F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a Proposer may withdraw its proposal.
G. OPENING
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The Opening of Proposals will be conducted electronically through the Sourcewell Procurement
Portal.A list of all Proposers will be made publicly available in the Sourcewell Procurement
Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation
Schedule.
To view the list of Proposers, verify that the Sourcewell Procurement Portal opportunities list
search is set to "All" or"Closed."The solicitation status will automatically change to "Closed"
after the Proposal Due Date and Time.
VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more contracts to responsive and responsible
Proposer(s) offering the best overall quality, selection of equipment, products, and services,
and price that meet the commonly requested specifications of Sourcewell and its Participating
Entities.The award(s)will be limited to the number of Proposers that Sourcewell determines is
necessary to meet the needs of Participating Entities. Factors to be considered in determining
the number of contracts to be awarded in any category may include the following:
The number of and geographic location of:
o Proposers necessary to offer a comprehensive selection of equipment, products, or
services for Participating Entities' use.
o A Proposer's sales and service network to assure availability of product supply and
coverage to meet Participating Entities' anticipated needs.
• Total evaluation scores.
• The attributes of Proposers, and their equipment, products, or services, to assist
Participating Entities achieve environmental and social requirements, preferences, and
goals. Information submitted as part of a proposal should be as specific as possible
when responding to the RFP. Do not assume Sourcewell's knowledge about a specific
vendor or product.
B. AWARD(S)
Award(s) will be made to the Proposer(s) whose proposal conforms to all conditions and
requirements of the RFP, and consistent with the award criteria defined in this RFP.
Sourcewell may request written clarification of a proposal at any time during the evaluation
process.
Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator
Scoring Guide (available in the Sourcewell Procurement Portal):
Rev.2/2020 Sourcewell RFP#062320
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Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200
Pricing 400
TOTAL POINTS 1000
C. PROTESTS OF AWARDS
Any protest made under this RFP by a Proposer must be in writing, addressed to Sourcewell's
Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.
Box 219, Staples, MN 56479.The protest must be received no later than 10 calendar days'
following Sourcewell's notice of contract award(s) or non-award and must be time stamped by
Sourcewell no later than 4:30 p.m., Central Time.
A protest must include the following items:
• The name, address, and telephone number of the protester;
• The original signature of the protester or its representative;
• Identification of the solicitation by RFP number;
• A precise statement of the relevant facts;
• Identification of the issues to be resolved;
• Identification of the legal or factual basis;
• Any additional supporting documentation; and
• Protest bond in the amount of$20,000, except where prohibited by law or treaty.
Protests that do not address these elements will not be reviewed.
D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract and a proposal may be rejected if it
is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain
false statements or do not support an attribute or condition stated by the Proposer may be
rejected.
Sourcewell reserves the right to:
• Modify or cancel this RFP at any time;
• Reject any and all proposals received;
• Reject proposals that do not comply with the provisions of this RFP;
• Select,for contracts or for discussion, a proposal other than that with the lowest cost;
Rev.2/2020 Sourcewell RFP#062320
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• Independently verify any information provided in a Proposal;
• Disqualify any Proposer that does not meet the requirements of this RFP, is debarred or
suspended by the United States or Canada, State of Minnesota, Participating Entity's
state or province; has an officer, or other key personnel, who have been charged with a
serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a
reasonable prospect;
• Waive or modify any informalities, irregularities, or inconsistencies in the proposals
received;
■ Clarify any part of a proposal and discuss any aspect of the proposal with any Proposer;
and negotiate with more than one Proposer;
• Award a contract if only one responsive proposal is received if it is in the best interest of
Participating Entities; and
• Award a contract to one or more Proposers if it is in the best interest of Participating
Entities.
E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will
become public record in accordance with Minnesota Statutes Section 13.591, after negotiations
are complete.Sourcewell considers that negotiations are complete upon execution of a
resulting contract. It is the Proposer's responsibility to clearly identify any data submitted that it
considers to be protected. Proposer must also include a justification for the classification citing
the applicable Minnesota law.
Sourcewell will not consider the prices submitted by the Proposer to be confidential,
proprietary, or trade secret materials. Financial information, including financial statements,
provided by a Proposer is not considered trade secret under the statutory definition.
The Proposer understands that Sourcewell will reject proposals that are marked confidential or
nonpublic, either substantially or in their entirety.
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Sourcewell
r
■
5/5/2020
Addendum No. 1
Solicitation Number: RFP 062320
Solicitation Name: Equipment Rental with Related Services
Consider the following Question and Answer to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
Is there a way to export or download the questions within the specification tables?
Answer 1:
After selecting "Start Submission", a proposer may navigate to Step 4—"Preview Bid"
and select"Preview My Bid in PDF", if a downloadable PDF of the questionnaire tables is
desired.
End of Addendum
Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell
Procurement Portal on 5/5/2020, is required at the time of proposal submittal.
Sou rcewe
■
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5/12/2020
Addendum No. 2
Solicitation Number: RFP 062320
Solicitation Name: Equipment Rental with Related Services
Consider the following Questions and Answers to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
When submitting a response to this RFP, is it acceptable to offer just one line item from
the Requested Equipment, Products, and Services?
Answer 1:
A proposer is not required to offer all possible items or services within the scope of the
solicitation to be considered for award. However, proposals are evaluated based on the
criteria as stated in the RFP.
Question 2:
For future reference, will the response from a previous RFP automatically populate the
fields of a new RFP as appropriate (i.e. Tables 1 through 11)?
Answer 2:
Each opportunity posted to the Sourcewell Procurement Portal represents a separate
and distinct competitive solicitation.The content of a vendor's proposal will not
automatically carry over to future proposals.
End of Addendum
Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell
Procurement Portal on 5/12/2020, is required at the time of proposal submittal.
SourceweIIq' !,4&
6/1/2020
Addendum No. 3
Solicitation Number: RFP 062320
Solicitation Name: Equipment Rental with Related Services
Consider the following Question and Answer to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
Would the rental of used fire apparatus be considered in the scope of the RFP?
Answer 1:
Each proposer, in its discretion, will propose the equipment, products, and services that
it deems to fall within Sourcewell's requested equipment, products, and services as
described in the RFP. Only those products within the scope of the RFP will be included in
any contract awarded by Sourcewell as a result of the solicitation and each Proposal will
be evaluated based on the criteria stated in the RFP.
End of Addendum
Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell
Procurement Portal on 6/1/2020, is required at the time of proposal submittal.
Sourcewello
6/3/2020
Addendum No. 4
Solicitation Number: RFP 062320
Solicitation Name: Equipment Rental with Related Services
Consider the following Question and Answer to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
Is a dealer representing a corporate manufacturer in a geographical area allowed to
submit a bid or would this bid be expected to come from a corporate level?
Answer 1:
A proposer is not required to cover every geographic region to be considered for award.
Each proposal is evaluated based on the criteria stated in the RFP.
End of Addendum
Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell
Procurement Portal on 6/3/2020, is required at the time of proposal submittal.
Sourcewell
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6/3/2020
Addendum No. 5
Solicitation Number: RFP 062320
Solicitation Name: Equipment Rental with Related Services
Consider the following Question and Answer to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
If a company is offering a proposal for this RFP, must the company have the equipment
in their owned inventory?
Answer 1:
Each proposer, in its discretion, will determine how to best demonstrate the depth and
breadth of their offered equipment, products,or services, and their ability to serve
Sourcewell participating entities. Refer to Questionnaire Tables 14A, 1413,and 15, of
Step 1 of the bid submission process within the Sourcewell Procurement Portal.
End of Addendum
Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell
Procurement Portal on 6/3/2020, is required at the time of proposal submittal.
Sourcewell
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6/8/2020
Addendum No. 6
Solicitation Number: RFP 062320
Solicitation Name: Equipment Rental with Related Services
Consider the following Question and Answer to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
RFP Section II. E. "ESTIMATED CONTRACT VALUE AND USAGE" states, "Based on past
volume of similar contracts, the estimated annual value of all transactions from
contracts resulting from this RFP are anticipated to be USD$80 Million." Can you please
provide a listing as to the quantities and types of equipment that make up this
estimate?
Answer 1:
The RFP anticipated volume is an aggregate estimate based on past volumes of similar
contracts. It is an aggregate estimate only, and no sales or sales volume are guaranteed.
End of Addendum
Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell
Procurement Portal on 6/8/2020, is required at the time of proposal submittal.
Sourcewell
Pa'
6/9/2020
Addendum No. 7
Solicitation Number: RFP 062320
Solicitation Name: Equipment Rental with Related Services
Consider the following Question and Answer to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
Please provide more clarification in regards to Line Item 69 - Heating, Ventilation and Air
Conditioning(HVAC) Equipment. In order to provide a bid for this line item, more
specifications as to the requirements of the type of product (application, desiccant,
SUM requirements, etc.) is being requested.
Answer 1:
Sourcewell utilizes a competitive, solutions-based solicitation approach that is not based
on detailed specifications or finite quantities for our cooperative contract awards. A
respondent is allowed to propose the entire line of products and services falling within
the scope of the RFP. Section II. B. of the RFP addresses the requested equipment,
products, or services for this solicitation.
End of Addendum
Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell
Procurement Portal on 6/9/2020, is required at the time of proposal submittal.
Sourcewell ■
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6/15/2020
Addendum No. 8
Solicitation Number: RFP 062320
Solicitation Name: Equipment Rental with Related Services
Consider the following Question and Answer to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
Table 2, Question 9 regarding financial stability, and Question 13 "how is your
organization best described", should the responses be from the point of view of the
parent company or the subsidiary that handles rental of equipment?
Answer 1:
In the competitive process, Sourcewell will not advise a proposer on the content of the
proposal. It is left to the discretion of each proposer to determine the information
necessary to best demonstrate their financial stability and organizational information to
Sourcewell participating entities.The solicitation is a competitive process and proposals
are evaluated on the content submitted.
End of Addendum
Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell
Procurement Portal on 6/15/2020, is required at the time of proposal submittal.
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
062320-CAT
Sourcewell a
Solicitation Number: RFP #062320
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Caterpillar Inc., 510 Lake Cook Road Suite 100, Deerfield, IL 60015
(Vendor or Caterpillar).
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21)that offers
cooperative procurement solutions to government entities. Participation is open to federal,
state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit,tribal government, and other public entities located in the United States and Canada.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE.This Contract is effective upon the date of the final signature below-
B. EXPIRATION DATE AND EXTENSION.This Contract expires August 27, 2024 unless it is
cancelled sooner pursuant to Article 24.This Contract may be extended up to one additional
one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this
Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES.Vendor will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
While Caterpillar is Vendor under the Contract, pursuant to Section 10(a) it will subcontract
certain obligations under this Contract to its dealers. Only those dealers that sign a
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Participation Agreement with Caterpillar 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, Caterpillar shall
be under no obligation to provide Equipment, Products, or Services to such Participating Entity
under this Contract. Caterpillar 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 Caterpillar under the terms of this Contract.
Rental equipment may not be current year model and may be used, having been rented by
Participating Dealer's prior customers. Vendor may offer close-out or refurbished Equipment
or Products if they are clearly indicated in Vendor'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. Any warranties granted to Participating Entities shall be granted solely by the
Participating Dealer renting or otherwise providing the Equipment, Products or Services, as
agreed between the parties. If rented equipment needs repair or replacement during the
rental period, the Participating Dealer will repair or replace the Equipment at its cost and
expense; provided that if the repair or replacement is as result the Participating Entity's
misconduct, abuse, misuse, neglect or negligence, such Participating Entity will be responsible
for the cost of repair or replacement. Except as expressly stated herein, all warranties, including
any implied warranty of merchantability or of fitness for a particular purpose are expressly
excluded and disclaimed.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution,Vendor will
make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers,
distributors, and/or resellers relative to the Equipment, Products, and Services related to this
Contract.This list may be updated from time-to-time and is incorporated into this Contract by
reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current
version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor'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
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contract number,formal rental rate quotes will list all costs, including delivery expenses, such
as freight and permits(when required).
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, Vendor 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.
Vendor 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 Vendor in breach of this Contract if the Vendor intentionally
delivers substandard or inferior Equipment or Products. In the event of the delivery of
nonconforming Equipment and Products,the Participating Entity will notify the Vendor as soon
as possible and the Vendor will replace nonconforming Equipment and Products with
conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor 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 anytime during this Contract, Vendor may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor 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 anytime 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.
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4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor 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 Contract Administrator.This form is available
from the assigned Sourcewell Contract 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 be become an
amendment to this Contract and 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. Caterpillar
will 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. Vendor 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.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential members to join
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Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster
during the term of this Contract.
B. PUBLIC FACILITIES.Vendor's employees may be required to perform work at government-
owned facilities, including schools. Vendor'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 Vendor that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Vendor.Typically,a Participating Entity will issue an order directly to Participating Dealers with
payment made to the dealer as agreed. 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 of this Contract; however, Vendor performance, Participating Entity payment, and
any applicable warranty periods or other Vendor or Participating Entity obligations may extend
beyond the term of this Contract.
Vendor's acceptable forms of payment are included in Attachment A. 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 any Participating Addendum, are to be negotiated between a
Participating Entity and 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 Entitles may require the use of a Participating
Addendum;the terms of which will be worked out directly between the Participating Entity and
the Vendor. Any negotiated additional terms and conditions must never be less favorable to
the Participating Entity than what is contained in this Contract.
C. PERFORMANCE BOND. If requested by a Participating Entity, Participating Dealer may agree
to provide a performance bond that meets the requirements set forth in the Participating
Entity's order.
D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements (such as e-commerce specifications,
specialized delivery requirements, or other specifications and requirements) not addressed in
this Contract,the Participating Entity and the Vendor may enter into a separate, standalone
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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.
E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Vendor 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 goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to
between the Vendor and a Participating Entity.
F. 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.Vendor 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. Vendor 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, 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, Vendor must provide a contract
sales activity report(Report)to the Sourcewell Contract Administrator assigned to this
Contract.A Report must be provided regardless of the number or amount of sales during that
quarter(i.e., if there are no sales,Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
• Customer Name (e.g., City of Staples Highway Department);
• Customer Physical Street Address;
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• Customer City;
• Customer State/Province;
• Customer Zip Code;
• Customer Contact Name;
• Customer Contact Email Address;
• Customer Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Vendor,
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Vendor 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. Vendor may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Vendor will submit a check payable to Sourcewell for one percent(1%) multiplied by the
total net rental revenue (excludes freight, permits, and fees) of all Equipment, Products, and
Services purchased by Participating Entities under this Contract during each calendar quarter as
the administrative fee. Payments should note the Sourcewell-assigned contract number in the
memo and must be mailed to the address above "Attn:Accounts Receivable." Payments must
be received no later than 45 calendar days after the end of each calendar quarter.
Vendor 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 Vendor is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Vendor 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.
Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's
Authorized Representative changes at any time during this Contract,Vendor must promptly
notify Sourcewell in writing.
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10.ASSIGNMENT,AMENDMENTS,WAIVER,AND CONTRACT COMPLETE
A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assignor transfer any rights or
obligations under this Contract without the prior consent of the parties and a fully executed
assignment agreement. Such consent will not be unreasonably withheld. Provided, however,
that Caterpillar is permitted to subcontract certain of its rights and obligations to Caterpillar
dealers for performance without Sourcewell's prior written consent.
B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been fully executed by the parties.
C. WAIVER. If either party fails to enforce any provision of this Contract,that failure does not
waive the provision or the right to enforce it.
D. CONTRACT COMPLETE.This Contract contains all negotiations and agreements between
Sourcewell and Vendor. No other understanding regarding this Contract,whether written or
oral, may be used to bind either party.
E. 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. LIABILITY
Intentionally omitted.
12.AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting
procedures and practices of the Vendor relevant to this Contract for a minimum of 6 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.
13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Vendor under this Contract.
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If the Vendor receives a request to release the data referred to in this article,the Vendor must
immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond
to the request.
14. INDEMNIFICATION
Intentionally omitted.
15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING,AND ENDORSEMENT
A. INTELLECTUAL PROPERTY. Intentionally omitted.
B. PUBLICITY.Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Vendor 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. Materials should be sent to the Sourcewell Contract Administrator
assigned to this Contract.
D. ENDORSEMENT.The Vendor must not claim that Sourcewell endorses its Equipment,
Products, or Services.
16.GOVERNING LAW,JURISDICTION,AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its
breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls,
Minnesota.
17. 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.
18.SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both
Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
remainder of this Contract is capable of performance, it will not be affected by such declaration
or finding and must be fully performed.
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19. PERFORMANCE, DEFAULT,AND REMEDIES
A. PERFORMANCE. During the term of this Contract,the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Vendor 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 Vendor may escalate the resolution of the issue to a higher
level of management.The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute,the
Vendor must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Vendor fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result
of such failure to proceed will be borne by the Vendor.
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.
Written notice of default and a reasonable opportunity to cure must be issued by the party
claiming 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.
20. INSURANCE
A. REQUIREMENTS.At its own expense, Vendor 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:
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1. Workers'Compensation and Employer's Liability.
Workers' Compensation:As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering
its operations,with coverage on an occurrence basis, and must be subject to terms no
less broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent.At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products-completed operations including construction defect,
contractual liability, blanket contractual liability,and personal injury and advertising
injury. All required limits,terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Vendor 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, Vendor will maintain
umbrella coverage over Workers' Compensation, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
Failure of Vendor 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, Vendor 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
Rev.2/2020 11
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062320-CAT
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Contract Administrator assigned to this Contract.The certificates must be signed by
a person authorized by the insurer(s)to bind coverage on their behalf.All policies must include
there will be no cancellation, suspension, non-renewal, or reduction of coverage without 30
days' prior written notice to the Vendor.
Upon request, Vendor must provide to Sourcewell copies of applicable policies and
endorsements, within 10 days of a request. Failure to request certificates of insurance by
Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves
Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Vendor agrees to list Sourcewell, including their officers, agents, and
employees, as an additional insured under the Vendor's commercial general liability insurance
policy with respect to liability arising out of activities, "operations," or"work" performed by or
on behalf of Vendor,and products and completed operations of Vendor.The policy provision(s)
or endorsements) must further provide that coverage is primary and not excess over or
contributory with any other valid, applicable, and collectible insurance or self-insurance in force
for the additional insureds. A Participating Dealer may name a Participating Entity as an
additional insured on a case-by-case basis.
D. WAIVER OF SUBROGATION. Vendor 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 Vendor 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 Vendor or its subcontractors. A Participating Dealer may waive subrogation
against a Participating Entity on a case-by-case basis.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION.The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self-insured retention.
21. 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. 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 Dealers conduct with Sourcewell and Participating Entities.
Rev.2/2020 12
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062320-CAT
22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor 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 Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in
writing.
Vendor 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. Vendor certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract.Vendor further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Intentionally omitted.
24.CANCELLATION
Sourcewell or Vendor 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 Vendor'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.
DocuSlg"d by; Dwuftned by.
p�
By. COF02At3rya06c89 y:"' SC82595CSS51405.
Jeremy Schwartz Chris Gustafson
Title: Director of Operations& Title: Global Accounts &Allied Prod. Mgr.
Procurement/CPO
Date: 9/16/2020 1 10:23 AM CDT Date: 9/17/2020 1 11:39 AM PDT
Approved:
_
E(7E42B8F817A64CC
.�
Dnr-ii Sinned by:
By:
Chad Coauette
Title: Executive Director/CEO
Date: 9/17/2020 1 1:42 PM CDT
Rev.2/2020 13
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
RFP 062320 - Equipment Rental with Related Services
Vendor Details
Company Name: Caterpillar Inc
Does your company conduct
business under any other name?If IL
yes,please state:
100 NE Adams St
Address:
Peoria,IL 61629
Contact: Darren Wilson
Email: Wilson_Darren_R@cat.com
Phone: 309-265-4542
HST#:
Submission Details
Created On: Monday May 18,2020 15:44:18
Submitted On: Tuesday June 23,2020 16:17:32
Submitted By: John Frame
Email: Frame_John_J@cat.com
Transaction#: 08b57e2d-460c-40d2-a160-12248816b576
Submitter's IP Address: 34.69.162.10
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7AB-4D7B-4730-9888-F99EBC914D09
Specifications
Table 1: Proposer Identity &Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not
merely attach additional documents to your response without also providing a substantive response. Do not leave answers
blank; mark"NA" if the question does not apply to you (preferably with an explanation).
�m Question Response'
1 Proposer Legal Name (and applicable d/b/a, if any): Caterpillar Inc.
2 Proposer Address: 510 Lake Cook Road, Suite 100, Deerfield, Illinois 60015
3 Proposer website address: caterpiliar.com
CAT.com
4 Proposer's Authorized Representative (name, title, address, Chris Gustafson
email address & phoney (The representative must have Global Accounts & Allied Prod Mgr.
authority to sign the 'Proposer's Assurance of Compliance" GUSTAFSON_CHRISTOPHER_D@cat.com
on behalf of the Proposer and, in the event of award, will 1 309 675 4802
be expected to execute the resulting contract):
5 Proposer's primary contact for this proposal (name, title, John Frame,
address, email address & phone): Rental National Accounts Mgr., Governmental Segment
Frame—JohnJ@cat.com
309-67 -2891
6 Proposer's other contacts for this proposal, if any (name, Chris Gustafson
title, address, email address & phone): Global Accounts & Allied Prod Mgr
GUSTAFSON_CHRISTOPHER D@cat.com
48 1 309 675 02
Table 2: Company Information and Financial Strength
ine
tem Question Response
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
7 Provide a brief history of your company, including your Caterpillar was founded in 1925 when two entrepreneurs
company's core values, business philosophy, and industry merged their companies: Holt Manufacturing Company and
longevity related to the requested equipment, products or C.L. Best Tractor Company. The merger was a great
services. success because the ethics of both men were focused on
high quality products and the best customer support.
Since the founding 95 years ago, Caterpillar Inc. has
retained the culture of focusing on customer needs and
supporting products after the sale. Our company culture is
keenly focused on customer satisfaction and every employee
realizes that a customer's experience using the product will
determine whether he or she will continue to purchase,
lease, or rent Caterpillar products & services in the future.
The key to this satisfaction is two-fold: develop & provide
the best products and services that empower our dealers to
offer the best support. Through this combination, we are
proud to prove that our products and services offer the best
value to our customers regardless of where they are located.
We can prove measurable advantages in total owning and
operating costs as well as intangible benefits in terms of
standard safety features and telematics information sharing;
as well as and many training, fleet health, and application
support services offered by our dealers.
Please refer to attached "Caterpillar Code of Conduct' in
the attached "Financial Strength and Stability" zip folder for
details regarding our corporate core values and business
philosophy.
8 What are your company's expectations in the event of an Caterpillar is honored to have served Sourcewell and its
award? members' who have purchased CAT construction equipment,
work-tools, and electrical power generation products through
Sourcewell since 2008. Furthermore, we are proud to have
earned the Sourcewell Legacy Award in 2019.
Caterpillar contributes well over half of the revenue
Sourcewell receives in the current Heavy Construction
(purchase) contract (032119-CAT) and look forward to the
opportunity to further grow business and serve members'
needs together through a rental contract.
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
9 Demonstrate your financial strength and stability with Maintaining financial strength is a critical priority for
meaningful data. This could include such items as financial Caterpillar. We receive debt ratings from the major credit
statements, SEC filings, credit and bond ratings, letters of rating agencies. Caterpillar is "mid-A" rated by S&P and
credit, and detailed reference letters. Upload supporting Fitch and has a "low-A" rating with a positive outlook from
documents (as applicable) in the document upload section of Moody's. Maintaining our "mid-A" credit rating is critical to
your response. our cash deployment priorities. Due to our prudent focus on
financial strength, on a comparative basis Caterpillar has
generally demonstrated higher profitability, lower leverage,
and better liquidity than our competitor peer group. Our
liquidity position is extremely strong with typically the highest
percentage of cash as a percent of total assets on the
balance sheet vs our competitors.
Please see five-year financial summary recently published in
the attached "2019 Caterpillar's SEC form 10K Financial
Summary" in the "Financial Strength and Stability" zip
folder , which provides additional details about our financial
position.
The full text of the 239-page 10-K document can be found
on our public website:
http://www.caterpillar.com/en/investors/sec-filings.htmi
In 2019, Caterpillar sales and revenues were $53.8 billion. In
2019, Caterpillar delivered record profit per share of $10.74
per share and ended 2019 with $8.3 billion of enterprise
cash.
After paying uninterrupted rising annual dividends for more
than two decades, Caterpillar, Inc. (NYSE: CAT) reached the
25th consecutive year mark for inclusion in the elite group of
companies designated as Dividend Aristocrats. In addition to
a minimum of 25 consecutive years of dividend hikes, a
company must be a component of the S&P 500 index and
must have a market capitalization of at least $3 billion to
qualify as a Dividend Aristocrat.
10 What is your US market share for the solutions that you are CAT dealers are independent businesses. As such
proposing? Caterpillar cannot share their rental revenue market share.
However, with Cat Rental Stores, Cat heavy equipment, Cat
Power Systems, and dealer crane rental locations; Caterpillar
has the largest rental fleet based on OEC in North America.
11 What is your Canadian market share for the solutions that CAT dealers are independent businesses. As such
you are proposing? Caterpillar cannot share their rental revenue market share.
However, with Cat Rental Stores, Cat heavy equipment, Cat
Power Systems, and dealer crane rental locations; Caterpillar
has the largest rental fleet based on OEC in North America.
12 I Has your business ever petitioned for bankruptcy protection? No. Caterpillar Inc. has never been bankrupt.
llf so, explain in detail.
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
13 How is your organization best described: is it a Caterpillar is a manufacturer of construction, mining, energy
manufacturer, a distributor/dealer/reseller, or a service and transportation equipment, technology and provider of
provider? Answer whichever question (either a) or b) just related services.
below) best applies to your organization.
a) If your company is best described as a Caterpillar Inc. is a world class manufacturer which
distributor/dealer/reseller (or similar entity), provide your distributes products through a vast and capable dealer
written authorization to act as a distributor/dealer/reseller for network.
the manufacturer of the products proposed in this RFP. If
applicable, is your dealer network independent or company CAT dealers are strong independent companies and in North
owned? America alone they have a combined net worth of billions of
b) If your company is best described as a manufacturer dollars. Their large valuation is a competitive advantage
or service provider, describe your relationship with your because it allows them to have the infrastructure to support
sales and service force and with your dealer network in customers regardless of location, industry, fleet size, or
delivering the products and services proposed in this RFP. application. We believe the service parts inventory
Are these individuals your employees, or the employees of a maintained by CAT dealers is the largest of any construction
third party? equipment and power systems brand.
Another advantage of independently owned dealers is that
they know their customers and market well. They tailor their
services specifically to their customers' needs.
Caterpillar and each dealer have signed a sales and service
agreement that outlines the specific expectations from both
parties. In a broad overview, Caterpillar manufactures
products and sells them to CAT dealers. The dealers then
sell, lease and rent those products to customers. Caterpillar
does not sell directly to state, province, nor local
governments.
Although Caterpillar will sign this contract as a manufacturer,
CAT dealers will be given the opportunity to avail themselves
of the rental business presented by the contract and will
execute all the transactions with governmental, educational
and non-profit customers as they do today. This includes but
is not limited to consultation, quoting, accepting payment,
delivery, warranty support, parts sales, and service. This is
no different than sales and rentals occurring outside the
terms of this agreement.
Caterpillar dealers heartily embrace Sourcewell contracts
#032119-CAT, #120617-CAT, and all of them have been
trained in there use and as such will already be familiar with
Sourcewell's rental contract. In fact, the Sourcewell contract
covering equipment & work-tools for purchase (032119-CAT)
was leveraged by more than 90% of our dealers in 2018
and 2019.
Caterpillar offers specific discounts to Sourcewell members.
By renting to members under the Sourcewell contract,
_ participating CAT dealers agree to honor those discounts.
14 If applicable, provide a detailed explanation outlining the To the extent of our knowledge, we are unaware of specific
licenses and certifications that are both required to be held, licenses or certifications required to pursue the business
and actually held, by your organization (including third parties covered by this RFP.
and subcontractors that you use) in pursuit of the business
contemplated by this RFP.
15 Provide all "Suspension or Debarment" information that has Caterpillar Inc. has not been suspended or disbarred in the
applied to your organization during the past ten years. last ten years.
Table 3: Industry Recognition &Marketplace Success
RomQaestion Response
16 Describe any relevant industry awards or recognition that Please note: To list all the awards received in the past five
your company has received in the past five years years would unnecessarily lengthen our response. For brevity,
we are highlighting some recognition received in 2018 &
2019.
Sourcewell Legacy Award-2019
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7AB-4D7B-4730-9888-F99EBC914D09
>>>2018 Corporate Awards & Recognition
Forbes Magazine America's Most JUST Companies —
#49
Forbes World's Most Reputable Companies 2018 — #47
Fortune 500 — #65
Dow Jones Sustainability Index — 19-year member
Fortune World's Most Admired Companies 2018 — #43
Forbes America's Best Employers for Diversity 2018 —
#247
Top Veteran-Friendly Companies 2018 — U.S. Veterans
Magazine
Woman Engineer Magazine — Top 50 Employers 2018 -
- #21
Minority Engineer Magazine — Top 50 Employers 2018 -
- #15
CAREERS & the disABLED Magazine — Top 50
Employers 2018 — #9
Human Rights Campaign Foundation Corporate Equality
Index 2018: Score = 90
Forbes 2018 Top 25 Places to Work in Brazil — #5
Forbes Best Employers for Women 2018 — #245
Interbrand Best Global Brands 2018 — #82
Top 150 Global Licensors — Global License
Top 1,000 companies with the Strongest Female
Leaders — Mogul
7 Companies with Impressive Mentorship Programs —
Glassdoor
Top-Rated Workplaces: Best For Veterans — indeed
Best Product Support in 2018 — Brazilian Association
of Technology for Construction and Mining
Facility of Distinction for Safety — Indonesia
Certification on Promoting Work Life Balance — Japan
>>2018 Product Awards & Recognitions
Top 100 Awards from Construction Equipment magazine
D8T TTT
Next Gen 20-ton HEX
24 MG
903D CWL
UTVs
Contractor's Choice Awards from Roads & Bridges magazine
PM622 — Gold
AP1055F — Gold
AP555F — Gold
SE60 V XW — Gold
CB66B — Gold
CS56B — Gold
D6T — Gold
315F CR — Gold
335F CR — Gold
962M — Gold
140M3 — Gold
B20 — Gold
Grade Control — Bronze
Product Link — Bronze
420F2 — Gold
304.5E2 XTC — Silver
299D2 XHP — Gold
TH255C - Gold
777G — Gold
Top 50 Award from Equipment Today magazine
320 GC, 320 and 323 Next Gen HEX
Twenty for 2018 Award from Landscape Business magazine
• UTVs
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
17 What percentage of your sales are to the governmental The governmental & educational sector is extremely
sector in the past three years important to Caterpillar. We do not track government and
education separately. However, it is safe to assume that the
bulk of these sales is to state, county, municipal, and
special districts. We have a dedicated team to ensure
success in this market Overall, the percentage of our sales
to non-federal governmental agencies varies between 11%
and 26%.
Some of our product families are highly focused and
designed for governmental customers. With these products,
we see the percentage of our sales to government as high
as 75%.
18 What percentage of your sales are to the education sector The governmental & educational sector is extremely
in the past three years important to Caterpillar. We do not track government and
education separately. However, it is safe to assume that the
bulk of these sales is to state, county, municipal, and
special districts. We have a dedicated team to ensure
success in this market. Overall, the percentage of our sales
to non-federal governmental agencies varies between 11%
and 26%.
Some of our product families are highly focused and
designed for governmental customers. With these products,
we see the percentage of our sales to government as high
as 75%.
19 List any state, provincial, or cooperative purchasing contracts While CAT dealers would typically hold contracts with states
that you hold. What is the annual sales volume for each of and provinces, as an exception Caterpillar holds the state
these contracts over the past three years? contract with Ohio. Additionally, we are contract holders with
National IPA and NASPO ValuePoint
Just as we would never share Sourcewell transaction
information with other cooperatives, we don't feel it would be
honorable to share the volumes of those contracts. However,
we are happy to report that of all cooperative contract sales,
most are transacted via Sourcewell.
20 List any GSA contracts or Standing Offers and Supply Caterpillar holds GSA contract GS-30E-0018U, Schedule
Arrangements (SOSA) that you hold. What is the annual 23V Automotive Superstore. The sales volume is more than
sales volume for each of these contracts over the past three $9.2M per year. Caterpillar also holds GSA EPG contract
years? GS07F5666R, Schedule 56 Buildings and Building Materials.
The sales volume is approximately $1M per year. We do not
allow our dealers to use our GSA contracts.
Table 4: Referencesrrestimonials
Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name' Contact Name" Phone Number
CAT equipment purchaser: Les Cote, Equipment Maintenance (780) 623-6815
Lac La Biche County, AB Manager
CAT equipment purchaser. Mark Chilean, Director of Public Works (780) 645-3006
County of St. Paul, AB
CAT equipment purchaser: Clayton Funk, Fleet Manager (785) 331-1333
Douglas County, KS
CAT equipment purchaser. Joey Auche, Fleet Operations (757) 848-8406
City of Newport News, VA Superintendent
CAT equipment purchaser: Klamath Tom Crist, Operations Manager (541) 891-5687
County Solid Waste, OR
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
Table 5: Top Five Government or Education Customers
Line Item 22. 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 I Province Scope of Work Size a J Dollar Volume Past
Transactions Three Years
City of Minneapolis Government Minnesota-MN Construction 102 machines $2.6 million
Public Works Fleet Equipment
Div.
City of Raleigh Government f North Carolina-NC Construction 110 machines $2.2 million
Equipment
State of Maine Government Maine-ME Construction 223 machines $1.5 million
Dept. of Equipment
Transportation
City of North Las Government Nevada-NV Construction 48 machines $0.9 million
Vegas Equipment
State of Utah Government Utah-UT Construction 25 machines $0.8 million
Equipment
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.
IIttem Question Response
23 Sales force. The CAT dealer salesforce is the most capable and highly
trained in the industry. We ask CAT dealer sales people to
be consultants and to advise customers on the best
solutions. As a manufacturer we request our dealers to
follow strict training protocols to ensure our sales force
remains current on all product updates. Specifically, as it
relates to governmental sales, each dealer has one or more
people named to be a key liaison between us as a
manufacturer, and their dealer sales team. This person is
offered additional in-depth training on Sourcewell and
ensures that all contract terms are followed.
In North America, our dealers employ more than 53,000
people across the machine, energy, parts, and service
divisions. Of this number more than 8% (4400) are in
machine and parts sales; more than 39% (21,000) are in in
service and support.
The dealer sales teams are supported by a network of
Caterpillar professionals. Each dealer has in-territory support
of 5-8 Caterpillar sales/marketing employees. It is the
responsibility of these people to ensure that the dealer and
Caterpillar are working well together to constantly improve
and to adapt to marketplace changes. Beyond the territory
experts, the sales and marketing department at Caterpillar is
staffed by more than 600 people 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.
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
124 Dealer network or other distribution methods. The CAT dealer network is key to the success of our
company. Within Canada and the United States, we have
more than 800 dealer owned locations that rent equipment.
Please refer to our directory listing of CAT dealers locations
and locations map in the attached "Additional Documents"
zip file / "Cat Dealer Rental Locations-Canada & U.S."
folder. are independently owned, and many cover an entire
state or province. (In some cases, dealers cross
state/provincial boundaries, and in other cases, more than
one dealer will be located in a state.) Each dealer has
multiple branch locations and a mobile service fleet that can
serve customers regardless of location. These are all
physical locations our governmental customers may use.
Because of the size of CAT dealers, they are exceptionally
capable to serve governmental customers. Collectively, CAT
dealers' large net worth permits them to stock a high
volume of replacement parts — allowing governmental
customers the fastest turnaround on parts availability and
repair time.
CAT dealers recognize the importance of governmental
business to their overall success and they each have one or
more governmental specialists whose job it is to serve
governmental agencies well.
Please refer to the CAT dealer rental locations list and map
included as attached documents.
25 Service force. We at Caterpillar are very proud of the saying: "The sales
department sells the first machine; the service department
sells every one after that." The CAT dealer network in North
America collectively employs more than 20,000 factory
trained technicians, parts experts, product support managers
and other service-oriented staff. These people are supported
with the best repair shop equipment and materials. As
machines and engines are constantly updated, so too are
our service experts. We conduct product-specific training
every week of the year. Technician shortage is an industry-
wide concern, but because CAT dealers are large, long
established companies, they can offer strong compensation
and benefit packages that encourage the best people to
seek employment and to retain them once hired. Caterpillar
works very closely with dealers and through a program
called "Think Big," we are able to keep the pipeline of high
quality employees full.
In addition to the technicians and mechanics that work on
the machines directly, each dealer has a service support
staff that includes customer-facing consultants 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 ensuring customer success via
product support.
The dealer service teams are supported by a network of
Caterpillar professionals. Each dealer has in-territory support
of 5-8 Caterpillar parts/service employees. It is the
responsibility of these people to ensure that the dealer and
Caterpillar are working well together to constantly improve
and to adapt to marketplace changes. Beyond the territory
experts, the service and support groups at Caterpillar are
staffed by thousands of people whose mission is to focus
on post-sale customer satisfaction. Even more are
employed "behind-the-scenes" to ensure technical literature is
up to date, service standards are adhered to, and repair
questions are answered quickly. We exceed our 95% 1-hour
response rate target in responding to dealer service inquiries.
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
26 Describe in detail the process and procedure of your We are proud that our reputation stands on having the best
customer service program, if applicable. Include your customer support in the industry. In fact, our capabilities are
response-time capabilities and commitments, as well as any industry leading. Should a customer ever have a problem or
incentives that help your providers meet your stated service issue with a machine, their Cat dealer is empowered to
goals or promises. resolve that issue locally. If the problem is a result of a
defect in material or workmanship, Caterpillar will cover that
completely within the standard warranty period.
Every Caterpillar dealer has a common detailed service
process in place. Caterpillar supports and verifies that the
dealer service technicians are supplied with the tools and
equipment needed to repair all Caterpillar 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 Caterpillar product. Each dealer also has
one or more 'Technical Communicators" who is dedicated to
supporting the service technicians by acting as a liaison
between their shop personnel and Caterpillar.
The service technicians also have a dealer support network
(DSN) system with direct access to Caterpillar's Service
Engineers. Caterpillar responds to more than 95% of all
high priority tickets within one hour.
Depending on a customees needs, they may choose to
handle service issues themselves, in conjunction with their
dealer, or they may ask their dealer to handle them entirely.
To meet the varying desires of each customer, Caterpillar
offers a wide range of service programs:
Cat EM Solutions
Cat Equipment Care Advisor-Monitor
Cat Equipment Care Advisor-Protect
Cat Inspect
Condition Monitoring
Customer Support Agreements
S-O-S Services
27 Identify your ability and willingness to provide your products We are happy to serve all geographic areas and all
and services to Sourcewell participating entities in the Sourcewell Member sectors, within the United States with
United States. our complete product and service offering through Sourcewell.
Caterpillar has successfully utilized Sourcewell to sell
machines in 49 States and Canada.
28 Identify your ability and willingness to provide your products We are happy to serve all geographic areas and all
and services to Sourcewell participating entities in Canada. Sourcewell Member sectors, within Canada with our
complete product and service offering through Sourcewell.
In fact, we see the Canadian market as a significant growth
opportunity for Sourcewell use and will actively encourage its
use.
Caterpillar is gaining significant momentum with Canadian
sales through Sourcewell contract#032119-CAT. In 2018,
Caterpillar sales growth in Canada for machines through
032119-CAT increased nearly 400% over the previous year.
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7AB-4D7B-4730-9888-F99EBC914D09
29 Identify any geographic areas of the United States or CAT dealers maintain over 800 equipment rental locations
Canada that you will NOT be fully serving through the that serve every state and province throughout the United
proposed contract. States and Canada. Caterpillar has successfully utilized
Sourcewell to sell machines in 49 States and Canada.
We are happy to serve all geographic areas within the
United States and Canada with our complete product and
service offering through Sourcewell.
Cat dealers are independently owned businesses.
Consequently, before dealers can participate in national
accounts contracts, including those resulting from proposals
to Sourcewell RFPs such as 062320; they must 'opt-in" by
signing a Dealer Participation Agreement with Caterpillar
Inc. Please refer to Table 16: Exceptions to Terms,
Conditions, or Specifications For, contract section 2 for
further explanation regarding CAT dealer participation.
30 Identify any Sourcewell participating entity sectors (i.e., We are happy to serve all Sourcewell Member sectors,
government, education, not-for-profit) that you will NOT be :,within the United States and Canada with our complete
fully serving through the proposed contract Explain in detail. product and service offering through Sourcewell.
For example, does your company have only a regional
presence, or do other cooperative purchasing contracts limit Caterpillar's cooperative purchasing and rental contracts are
your ability to promote another contract? non-exclusive; i.e. none of them restrict Caterpillar from
promoting any other cooperative purchasing contracts.
Cat dealers are independently owned businesses.
Consequently, before dealers can participate in national
accounts contracts, including those resulting from proposals
to Sourcewell RFPs such as 062320; they must "opt-in" by
signing a Dealer Participation Agreement with Caterpillar
Inc. Please refer to Table 16: Exceptions to Terms,
Conditions, or Specifications Form, contract section 2, for
_ further explanation regarding CAT dealer participation.
31 Define any specific contract requirements or restrictions that There are no restrictions or limitations for sales to members
would apply to our participating entities in Hawaii and in Hawaii, Alaska, or U.S. Territories. However, because
Alaska and in US Territories. products available in Hawaii, Alaska, or U.S. Territories are
different from those within the U.S. and Canada, we may
need to adjust our product list and provide revised pricing
as Sourcewell expands to serve these markets.
Table 7: Marketing Plan
Item Question Response"
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
32 Describe your marketing strategy for promoting this contract Our current marketing strategy with Sourcewell contract
opportunity. Upload representative samples of your #032119-CAT proves to be effective, with year over year
marketing materials (if applicable) in the document upload sales growth through this contract; including over 75% in
section of your response. 2019 vs. the previous year. Should we be fortunate enough
to be awarded a contract for equipment rental in response
to RFP #062320, we will proudly announce the award
publicly through our multiple customer facing touchpoints
which may include:
Press Release
Governmental Solutions Magazine (Caterpillar produced
magazine distributed to governmental customers in the US
and Canada
Government Training & Safety Days (governmental
customer training events at Caterpillar facilities)
Announcement in our monthly governmental customer
eNewsletter
Announcement on our social media channels (FB,
Instagram, Linkedln)
Feature on our governmental focused website:
www.cat.com/govemmental
Display mentions at all governmental tradeshows we
attend
Updated literature with the new contract information.
Some examples are included as attached documents.
However, we will use the opportunity of this newly awarded
contract to update and redesign our materials to include our
equipment rental offering.
33 Describe your use of technology and digital data (e.g., Caterpillar and the CAT dealer network are leaders in using
social media, metadata usage) to enhance marketing emerging technologies to reach our customers. We manage
effectiveness. several Faoebook pages. Instagram, Linkedln, etc. and can
target governmental segments separately. We also look at
past purchase history and financing information to recognize
in advance when customers may be considering replacing
machines that they own.
We have a subscription to a third-party database (Deltek)
which we use to monitor future funding. It is our intention to
reach out (via CAT dealers) to these potential customers
and recommend the Sourcewell solution as they prepare for
future purchases and equipment rentals.
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
34 In your view, what is Sourcewell's role in promoting contracts We count on Sourcewell to promote themselves, awarded
arising out of this RFP? How will you integrate a Sourcewell- contracts and the viability of cooperative purchasing and
awarded contract into your sales process? rental in general. We appreciate Sourcewell's presence in
industry media, tradeshows, and their web presence. We
also appreciate Sourcewell's 'Get to Know You' training
forums, which many Caterpillar dealer sales teams have
attended throughout the United States. While Sourcewell
should continue their currently strong marketing efforts, we
believe it is also our responsibility to promote the contract
with our customer base. Some examples of our marketing
efforts are mentioned in our response to line item 32. We
will also encourage these conversations between our sales
force and the buyers and influencers who are considering
our equipment for purchase.
As Sourcewell is already well on the way to be the
preferred selling method to non-federal governmental entities
by Cat dealers, we will also encourage them to utilize the
rental contract as well. There is a team of dedicated
corporate governmental specialists whose job is to assist
dealers with sales and rentals. These team members are
experts in cooperative purchasing and work daily with
customers and dealers to answer questions and to facilitate
its use.
Caterpillar also has a Governmental Affairs team who will
continue to work closely with Sourcewell's Governmental
Affairs staff, when necessary, to lobby for procurement codes
that allow the use of Cooperative Contracts.
35 Are your products or services available through an e- Our parts division lends itself best to e-procurement and
procurement ordering process? If so, describe your e- many CAT dealers offer that capability to customers via a
procurement system and how governmental and educational dealer portal.
customers have used it
Our machines are complex and often custom-configured. A
consultative salesperson is integral to ensuring that machines
are configured and built to perform well in their expected
duties. For this reason, we do not offer a company-wide e-
procurement option. Our dealers are innovators however, and
if they offer e-procurement now or in the future we are
pleased to allow Sourcewell members to use that option.
Table 8: Value-Added Attributes
Une
Item Question Response —
36 Describe any product, equipment, maintenance, or operator All dealers offer basic operation, safety, and maintenance
training programs that you offer to Sourcewell participating training with every sale. Should a customer desire more
entities. Include details, such as whether training is standard advanced training, such as productivity improvement or
or optional, who provides training, and any costs that apply. advanced repairs, each of our dealers can supply that
training. Often there is a cost associated with that specific
additional 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 CDs, 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 instructor-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.
Advanced repair courses may occasionally be made
available to non-dealer mechanics. Current course options
are available through dealer product support departments.
These courses have a fee which varies according to class
length and materials.
37 Describe any technological advances that your proposed Technology is a key product differentiator for Caterpillar. To
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
products or services offer. describe each of them in detail would expand the length of
this response beyond a reasonable level. For brevity, key
technologies are referenced below. More detail is available
on our product pages on www.cat.com.
Remote monitoring and telematics are available on every
machine. This allows customers and dealers to monitor
machine health and operation with the intent of early issue
detection. Through our proprietary fleet monitoring software,
we are leaders in using technology to prevent unexpected
downtime.
Motor Graders
Auto shift Transmission — maintains consistent torque
through shifts with reduced forces and variations
Eco Mode - Save up to 10 percent on fuel consumption
Blade Slope Meter - Reduces the dependence on
manual grade checking.
Cross Slope Indicate - provides a real time readout of
cross slope on the machine display
Auto Cross Slope - Save up to 40 percent in material
with the Cat GRADE Cross Slope feature
Cat Grade - Ensures machine readiness for additional
2D/3D grade control technologies
Stable Blade - Senses blade bounce before the
operator to reduce manual throttle use and site rework
Rearview Camera - enhances visibility along with a
heated lens to prevent snow buildup
Dozers
Auto shift Transmission with Lockup Torque Converter—
Saves up to 20% of fuel with no operator input
Electric Drive Transmission (option) — Saves up to 35%
of fuel with no operator input
Slope Indicate - provides a real time readout of cross
slope on the machine display
Slope Assist - automatically maintains blade slope
without a GPS signal
Cat Grade with 3D - enables operators to improve
grading efficiency, accuracy, and productivity in both
production dozing and finish grading applications
AutoCarry — automatically controls blade lift for more
consistent blade loads and less track slip
Stable Blade — monitors blade pitch and automatically
controls the blade for smoother finishes
Rearview Camera - enhances visibility with HD quality
and back-up lines
Excavators
Eco Mode - automatically adjusts engine and hydraulic
power for the highest fuel efficiency—less power for tasks
such as swinging and more power for digging
Cat Grade with 2D - helps operators reach grade
faster eliminating grade checkers
Cat Grade with 3D — increases productivity and
expands grading capabilities
Dig Assist — Automatically controls boom and bucket
movements to deliver more accurate cuts with less effort
Payload measuring - delivers precise load targets with
on-the-go weighing
eFencing - automatically stops excavator motion using
boundaries you set in the monitor for the entire working
envelope--above. below, sides and front
Birds eye 360 view Camera - rearview and right-side-
view cameras always keep operators aware of their
surroundings
Wheel Loader
Electric Drive Transmission (option) - Maintains
productivity while operating 25 percent more efficiency
Eco Mode - reduces fuel consumption with minimal
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
impact to productivity
Payload measuring - brings payload weighing to the
cab so operators can work more productively and deliver
accurate loads with confidence
Ride Control - works as a shock absorber, improving
ride quality over rough terrain
Object Detect — increases operator awareness around
the machine and provide alerts to help keep people and
assets safe on the job site
Rearview Camera - enhances visibility with HD quality
Backhoe
4WD Auto Shift 6 speed Transmission with Lockup
Torque Converter - allows effortless gear and direction
changes while maintaining continuous traction throughout the
work cycle for better torque and added fuel efficiency
Ride Control - provides a much smoother ride in all
applications
Variable Speed Steering — reduces number of steering
wheel rotations when rotated faster.
Skid Steer Loader/ Compact Track Loader
Remote Task — allows operator to precisely control the
machine from a safe location
Cat "Intelligent Leveling" system (ILEV) provides industry
leading technology, integration and features such as dual
direction, self-leveling, work tool retum-to-dig and work tool
positioner
Speed Sensitive Ride Control - improves operation on
rough terrain, enabling better load retention, increased
productivity, and greater operator comfort_
38 Describe any "green" initiatives that relate to your company At Caterpillar, sustainability is an important commitment to
or to your products or services, and include a list of the building a better world. Sustainability is part of who we are
certifying agency for each. and what we do every day — it is one of Caterpillar's core
values. We recognize progress involves a balance of
environmental stewardship, social responsibility, and
economic growth.
We consider this as we work toward a vision of a world in
which people's basic needs — such as shelter, clean water,
education, and reliable energy — are fulfilled. We provide
work environments, products, services, and solutions that
make productive and efficient use of resources as we strive
to achieve our vision. We believe this commitment supports
the enduring success of our customers, stockholders,
dealers, and our people.
Caterpillar is a proud 20-year member of the Dow Jones
Sustainability Indices, including both the World and North
America indices. The annual DJSI process follows a best-in-
class approach, evaluating numerous corporate economic,
environmental, and social performance factors.
For more on sustainability at Caterpillar, please visit our
2019 Sustainability Report at: http://reports.caterpillar.com/sr/
The 2020 report will be available in 2021.
Examples of sustainability in action at Caterpillar follow below:
INNOVATION:
Caterpillar aims to help customers use less fuel and
generate fewer greenhouse gas (GHG) emissions. We
continue to develop products with fewer direct emissions. In
addition, we're increasing our investment in high-efficiency
energy conversion and electrification — working to increase
power density, expand the use of alternative fuels, maximize
efficiency of power systems, and introduce electrification into
our product lines while significantly decreasing owning and
operating costs. In doing so, we help our customers improve
their own operations, while also driving our industry to
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
improve.
REMANUFACTURING:
Caterpillar strives to provide customers with quality
equipment that delivers the best economic proposition for
their business. We remanufacture (reman) and rebuild
products and components that provide customers not only
with immediate cost savings, but also help extend life cycles
and use materials more efficiently. Rebuild programs
increase the lifespan of equipment by providing customers
with a restored product for less cost than buying new.
A complete Cat® Certified Rebuild includes more than 350
tests and inspections, automatic replacement of
approximately 7,000 parts and a like-new machine warranty.
Caterpillar takes a systems view of the life of our products.
We design and manufacture them for multiple lives, our
dealers support and service them to maximize their value to
the customer, and we remanufacture them at the end of their
useful life to deliver the next generation of value. Our
engineering and manufacturing expertise, field population and
dealer organization make this possible. This total life cycle
approach allows us to provide sustainable solutions that help
customers build a better world.
FLEET EFFICIENCY:
Reducing waste and conserving natural resources on job
sites are increasingly important goals of many of
Caterpillar's customers as they seek to realize the full value
of their assets on the job site. Our Jab Site Solutions team
works in partnership with Cat@ dealers to help customers
find innovative ways to improve their operations and be
more competitive in the marketplace — solutions that often
deliver additional sustainability benefits. For instance,
optimizing fleet efficiency not only reduces costs, but can
also improve the maintenance and component replacement
cycles of individual machines. Better maintenance execution
can extend the life of a machine, which in turn reduces raw
material consumption.
RESPONSIBLE MANUFACTURING:
At our facilities, we work to minimize our environmental
impact by focusing on energy conservation, GHG emission
reduction, water conservation and waste reduction. We have
set energy-efficiency targets in our operations since 1998
and have set GHG emission-reduction targets since 2003.
We currently have operational targets for an increased
reliance on alternative and renewable energy and a reduction
in energy intensity and GHG emissions intensity.
As a manufacturer of heavy equipment, some of Caterpillars
operations are energy-intensive. But even in our most energy-
dense environments. Caterpillar employees have found ways
to implement innovative energy solutions that reduce our
energy costs as well as our environmental impacts.
With respect to water, we recognize the far-reaching
economic, social, and environmental implications that water
scarcity may have in the future and have taken steps to
reduce our consumption.
Finally, we are minimizing waste in our processes not only
to reduce costs, but also to reduce our use of materials,
energy, water, and land. We ultimately aim to reduce all
waste generated by our production processes.
SUSTAINABLE CONSTRUCTION:
Our goal is to design all new facilities to meet Leadership
in Energy and Environmental Design (LEED) or comparable
green building criteria.
Facilities designed to the LEED criteria are more energy-
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
and resource-efficient than traditional construction. LEED
facilities are also designed to create a healthier indoor
environment for employees. All our facilities that completed
construction in 2017 met LEED or comparable green
building criteria.
By taking a critical look at every phase of our operations,
teams have been able to uncover unexpected methods to
reduce our footprint while maintaining or improving
performance and customer satisfaction.
We are proud to share the following metrics:
METRIC
CHANGE FROM 2006 to 2019:
• Absolute Change in GHG Emissions 41% Reduction
• Operational Energy intensity 32%
Reduction
• Waste Generation Intensity 21%
Reduction
• Absolute Water Consumption 37% Reduction
METRIC
CURRENT LEVEL:
• Altemative/Renewable Energy Use 35.5%
• Waste Recycled
87.1%
Plants certified with ISO 14001:2004 Environmental
Management System include:
• Anchor Coupling - Goldsboro, NC - ISO 14001:2004 -
Sept 2018
• Anchor Coupling - Menominee - ISO 14001:2015 - Jan.
2021
• Gen Sets - Newberry - ISO 14001:2004 - Nov. 2017
• Mapleton - 14001:2004 self-certification - issued January
2013
• Reman Services - Corinth, MS - ISO 14001:2015 - Sept.
2021
• Reman Services - Franklin - ISO 14001:2004 - May 2017
39 Identify any third-party issued eco-labels, ratings or Plants certified with ISO 14001:2004 Environmental
certifications that your company has received for the Management System include:
equipment or products included in your Proposal related to • Anchor Coupling - Goldsboro, NC - ISO 14001:2004 -
energy efficiency or conservation, life-cycle design (cradle-to- Sept 2018
cradle), or other green/sustainability factors. • Anchor Coupling - Menominee - ISO 14001:2015 - Jan.
2021
• Gen Sets - Newberry - ISO 14001:2004 - Nov. 2017
• Mapleton - 14001:2004 self-certification - issued January
2013
• Reman Services - Corinth, MS - ISO 14001:2015 - Sept
2021
• Reman Services - Franklin - ISO 14001:2004 - May 2017
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
40 Describe any Women or Minority Business Entity (WMBE), Two of our dealers in North America are owned by women:
Small Business Entity (SBE), or veteran owned business Foley Equipment, with territory primarily in Kansas and
certifications that your company or hub partners have Missouri; and Cashman Equipment based in Nevada. In
obtained. Upload documentation of certification (as addition to these two owners, there are 31 other women in
applicable) in the document upload section of your response. 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.
Proprietary Information Supplier Diversity program, which
spurs economic growth by increasing business opportunities
to minority-owned, women-owned, veteran- and service-
disabled veteran-owned, small disadvantaged businesses and
those certified in HUBZones, all while ensuring expectations
are met with regards to quality, velocity, capacity, and cost.
Currently more than 37% of our direct and indirect
purchasing is conducted with suppliers in these categories.
Caterpillar is a proud member of the National Minority
Supplier Development Council (NMSDC). We also use the
System for Award Management (SAM), SBA, and NMSDC
databases to locate SDB, VOSB, SDVOSS and HUBZone
suppliers.
Supplier Diversity is discussed with Global Supply Network
Division leadership during the Monthly Operating Results
Review meetings. This in turn forces accountability for
diverse supplier inclusion by measuring drivers, such as the
number of sourcing projects, which include Diverse Suppliers
and the values of the projects in which they participate. The
goal is to create greater transparency to determine which
teams are creating inclusive environments, and which are not.
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
41 What unique attributes does your company, your products, or RELIABLE RENTAL EQUIPMENT:
your services offer to Sourcewell participating entities? What CAT dealers keep their rental fleets fresh. Industry data
makes your proposed solutions unique in your industry as it demonstrates that the average age of rental equipment in
applies to Sourcewell participating entities? CAT dealers' fleets, is consistently less than the rental
industry as a whole. Please refer to in the
attached "Additional Documents" zip folder for the "Rental
Fleet Asset Age Comparison-Cat vs. Industry" chart for the
data.
BEST OVERALL VALUE / LOWEST LIFE CYCLE COST:
Caterpillar products deliver the best value for the money.
While we rarely have the lowest initial purchase price, 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
price.
CAT SAFETY SERVICES / SAFETY FEATURES:
In addition to the tangible, measurable aspects of the life
cycle cost equation, we also bring our focus on safety to
every product that we manufacture. Quantifying a human fife
or debilitating injury is impossible, but each machine has
industry-leading features that strive to minimize the possibility
for accidents.
In addition to built-in safety features, we also offer a suite of
aftermarket safety products and services that are unique in
the industry.
Caterpillar Safety Services offers culture, jobsite & leadership
assessments, safety and leadership training workshops; and
a comprehensive continuous improvement process through
consultative services. Services are facilitated by Safety
Services consultants and training products can be purchased
for self-implementation. Details on products and services are
available at www.cat.com/safety. These products and services
are available at a 15% discount from the list price.
Technology Enabled Safety Solutions are tangible products
designed to assist the implementation of a safety culture.
We are pleased to offer these unique products at a 5%
discount off list price.
Examples of products and services available include (this list
may be augmented as new productstservices become
available):
a) Cat Detect suite of products (allows machines to
sense people and objects near them)
b) Driver Safety System (detects and reacts to signs of
fatigue and distraction)
c) Cat SmartBand (monitors activity and sleep data)
PRODUCT ATTRIBUTES:
Each product we sell offers unique operating, safety, and
cost-savings advantages that are exclusive to Caterpillar. It is
outside the scope of this response to itemize these
differentiators. However, we provide many details on our web
page at www.cat.com.
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
procedure, and overall structure.You may upload representative samples of your warranty materials (if applicable)
in the document upload section of your response in addition to responding to the questions below.
ILine i
Question Response
42 Do your warranties cover all products, parts, and labor? Yes. Caterpillar has the most extensive warranty coverage in
the industry. We cover all products, parts, and labor with
fewer exclusions than our competitors. Please see
Attachment D for details.
43 Do your warranties impose usage restrictions or other We do not impose usage restrictions. We are pleased to
limitations that adversely affect coverage? say that our warranties cover defects in material and
workmanship for the time specified in the policy when the
equipment is used as per design intent
44 Do your warranties cover the expense of technicians' travel The Caterpillar warranties cover the cost of replacement
time and mileage to perform warranty repairs? parts and the labor to install them, they do not cover travel
time and mileage. Dealer territories vary considerably from
state to state as do their policies about travel time and
mileage during the warranty period.
F5Are there any geographic regions of the United States (and We have no restrictions on warranty repairs. One of our key
Canada, if applicable) for which you cannot provide a differentiating strengths is our ability to service equipment
certified technician to perform warranty repairs? How will regardless of where is it located.
Sourcewell participating entities in these regions be provided
service for warranty repair?
46 Will you cover warranty service for items made by other Warranty service for machines ordered from a Caterpillar
manufacturers that are part of your proposal, or are these facility are generally provided by Caterpillar and performed
warranties issues typically passed on to the original by Cat dealers. Some items, such as tires, are covered
equipment manufacturer? under their manufacturers' warranties.
47 What are your proposed exchange and return programs and We warrant that upon delivery our products will be free from
policies? defects in material and workmanship and will operate as
intended. If they are not., we will make any necessary
corrections.
48 Describe any service contract options for the items included We have a large variety of service contract options which
in your proposal. can all be customized according to customer needs. Below
are just two examples. More solutions are available, and we
encourage members and dealers to explore all options.
1) Equipment Protection Plans (Extended Service
Coverage/Cat Insurance):
After the initial warranty period ends, members may choose
to purchase additional protection plans to reduce their
exposure to unplanned costs. These policies are written
based on months and hours of operation. There are four
standard levels of coverage:
a) Powertrain
b) Powertrain + Hydraulics
c) Powertrain + Hydraulics + Technology
d) Premier
A description of all these options is included in the attached
Equipment Protection Plans document.
Important note: The purchase price for these Extended
Service Coverage plans is lower for governmental agencies
than it is for private buyers.
2) Customer Value Agreements (CVAs):
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. CVAs are a useful tool to
manage expenses. Most CVAs are bundled at the time of
purchase; however, they may be added at any time.
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
Table 10: Payment Terms and Financing Options
IIttem Question Response
49 What are your payment terms (e.g., net 10, net 30)? CAT dealers are independently owned businesses. As such,
their payment terms vary, but all will be stated on individual
rental agreements and invoices.
50 Do you provide leasing or financing options, especially those Yes. Participating CAT dealers offer both leasing and
options that schools and governmental entities may need to financing options to governmental members of Sourcewell, at
use in order to make certain acquisitions? rates lower than available to the general public.
51 Briefly describe your proposed order process. Include Our simple order process has been and will continue to be
enough detail to support your ability to report quarterly sales well appreciated by Sourcewell and Sourcewell members:
to Sourcewell as described in the Contract template. For 1) When a Sourcewell participating entity decides to rent
example, indicate whether your dealer network is included in from a participating Cat dealer, they simply include their
your response and whether each dealer (or some other Sourcewell member number and Sourcewell contract number
entity) will process the Sourcewell participating entities' on the Rental Delivery Order they issue to the participating
purchase orders. Cat dealer.
2) Upon acceptance of the rental order the participating CAT
dealer issues the rental agreement to the Sourcewell
participating entity, and at the entity's direction, either makes
ready for pick-up or delivers the equipment.
3) Commensurate with the entity's credit standing,
the participating CAT dealer will invoice the entity at the
conclusion of the contracted rental term or upon return of the
equipment; whichever occurs first.
4] If the rental is for an extended period of time, e.g. more
than one month, the participating Cat dealer in consultation
with the Sourcewell participating entity; may invoice the
Sourcewell participating entity at a periodic interval, e.g. at
the conclusion of each week or month.
5) Upon payment receipt from the Sourcewell participating
entity, the participating CAT dealer will, on a monthly basis,
submit a report to Caterpillar of equipment rental
transactions to participating Sourcewell members renting
equipment using the Sourcewell-CAT rental contract. Such
reports will include the member number provided to the
dealer by the participating Sourcewell entity.
6) On a monthly basis, Caterpillar will aggregate these
reports . On a quarterly basis, Caterpillar will submit a
consolidated report along with payment of the Sourcewell
administration 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 the Cat dealer directly.
52 +Do you accept the P-card procurement and payment Because Cat dealers will be receiving payments directly
process? If so, is there any additional cost to Sourcewell from members, accepting P-card procurement will be at their
participating entities for using this process? discretion. Many dealers do accept this method without
additional fees. Some have limitations on the amount that
can be processed.
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product
adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the
Sourcewell Price and Product Change Request Form.
I Line Question Response
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
53 Describe your pricing model (e.g., line-item discounts or Our pricing model is simple. Participating CAT dealers will
product-category discounts). Provide detailed pricing data offer participating Sourcewell members, national not-to-
(including standard or list pricing and the Sourcewell exceed rental rates.
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If Please refer to Attachment "2020 CAT RENTAL RATES-
applicable, provide a SKU for each item in your proposal. SOURCEWELL" which includes rates for the U.S. (pages 1-
Upload your pricing materials (if applicable) in the document 4) and Canada (pages 5-7) for nationwide daily, weekly, and
upload section of your response. monthly rental rates for a wide variety of CAT branded
equipment, as well as a selection of popular equipment from
other OEMs represented by CAT dealers.
These Sourcewell not-to-exceed nationwide rental rates
represent the maximum rate that a Participating Dealer may
charge Sourcewell participating entities. Local rental rate
market conditions vary greatly. Consequently, dealers may
be able to offer additional discounts in their local markets.
54 Quantify the pricing discount represented by the pricing Because rental rates vary considerably across the U.S> and
proposal in this response. For example, if the pricing in your Canada, the discounts applied in the attached "Cat 2020
response represents a percentage discount from MSRP or Rental Rates-Sourcewell" rate schedule are net rates that
list, state the percentage or percentage range. include an average of 10% off already applied.
Caterpillar strongly encourages Sourcewell members to
ALWAYS contact their local participating CAT dealer and
request rental rate quotes specific to the Sourcewell
members equipment needs and the dealer's local market
Additionally, we are pleased to offer a discount of 15% off
all products and consulting services under the Cat Safety
Services Umbrella; and 5% off our Technology Enabled
Safety Sofutions. Please refer to the attached documents
and visit www.safety.cat.com and www.safelyhome.cat.corn for
details on these services.
55 Describe any quantity or volume discounts or rebate Participating CAT dealers are empowered to consider rental
programs that you offer. order volume, repeat rentals, member responsiveness, etc.
They may offer participating Sourcewell members additional
discounts and/or services at their discretion.
56 Propose a method of facilitating "sourced" products or Sourced goods / Open Market Items are available to
related services, which may be referred to as "open market" members from our Cat dealers. The prices for these goods
items or "nonstandard options". For example, you may or services will represent fair market value and will be
supply such items 'at cost" or 'at cost plus a percentage,' determined between the member and the selling dealer. We
or you may supply a quote for each such request encourage Cat dealers and members to use this option as
it facilitates complimentary products and streamlines the
procurement process.
Participating Sourcewell members and participating CAT
dealers are responsible for including the Sourcewell
membership number on all documentation related to these
purchases. Caterpillar Inc. is not a party to these sales or
rentals and is exempted from including them in the quarterly
reports. For audits, inclusion of a customer's Sourcewell
member number on the PO and/or invoice shall be deemed
sufficient
57 Identify any element of the total cost of acquisition that is Machines are unique in their requirements for preparation
NOT included in the pricing submitted with your response. prior to use. Some may require local final assembly due to
This includes all additional charges associated with a their large size, others may have locally installed options (fire
purchase that are not directly identified as freight or suppression, beacons, auto Tube systems for example). When
shipping charges. For example, list costs for items like pre- a dealer issues a quote for a machine, any additional costs
delivery inspection, installation, set up, mandatory training, or will be itemized separately and are not subject to the
initial inspection. Identify any parties that impose such costs Sourcewell discount.
and their relationship to the Proposer.
58 111'
freight, delivery, or shipping is an additional cost to the There is no delivery fee to Sourcewell members who choose
Sourcewell participating entity, describe in detail the to pick-up equipment from their local participating CAT
complete freight, shipping, and delivery program. dealer. If delivery is requested, participating dealers may
charge for haulage and permits that may be required.
59 Specifically describe freight, shipping, and delivery terms or Just as for members in the 48 contiguous states, there is
programs available for Alaska, Hawaii, Canada, or any no additional cost to members who choose to pick up their
offshore delivery. machine from their local participating Cat dealer. Dealers
may charge fees for delivery to the member's location.
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
60 Describe any unique distribution and/or delivery methods or Equipment offered for rent can vary considerably in size and
options offered in your proposal. weight. if there are unique member requirements participating ,
CAT dealers will be happy to discuss these on a rase by
case basis.
Table 12: Pricing Offered
�mThe Pricing Offered in this Proposal is: Comments
61 d.other than what the Proposer typically offers(please describe). This proposal offers participating Sourcewell members the
ability to receive consistent and guaranteed "not-to-exceed"
rental rates valid nationwide in the U.S. and Canada, for the
term of this contact. Whereas previously, members would be
subject to variable local dealer pricing based upon
equipment availability and market conditions at the time of
the rental transaction.
Table 13: Audit and Administrative Fee
�m Question Response"
62 Specifically describe any self-audit process or program that We plan to continue our very robust process to ensure
you plan to employ to verify compliance with your proposed reporting speed, accuracy, and contract compliance.
Contract with Sourcewell. This process includes ensuring that
Sourcewell participating entities obtain the proper pricing, Caterpillar and our Cat dealers have very close and trusting
that the Vendor reports all sales under the Contract each relationships. Our dealers are long-established, and the
quarter, and that the Vendor remits the proper administrative current process (under contract #032119-CAT) is working
fee to Sourcewell. well.
• After month end, we will gather rental transaction data
attributed to participating Sourcewell members who rent
equipment via the Sourcewell-CAT equipment rental contract
number: (TBD) and aggregate it for our reporting.
• After quarter end, Caterpillar Inc. will send the quarterly
rental transaction report and administration fee payment to
Sourcewell for all items that are subject to the administrative
_ fee.
63 Identify a proposed administrative fee that you will pay to Similar to Sourcewell contract #032119-CAT; Caterpillar
Sourcewell for facilitating, managing, and promoting the would be pleased to offer an administration fee of 0.50% of
Sourcewell Contract in the event that you are awarded a rental revenue only earned by participating CAT dealers from
Contract. This fee is typically calculated as a percentage of the rental of equipment to participating Sourcewell members
Vendor's sales under the Contract or as a per-unit fee; it is through the Sourcewell-CAT equipment rental contract
not a line-item addition to the Member's cost of goods. number: (TBD). Other charges, including transportation,
(See the RFP and template Contract for additional details.) environmental fees, re-fueling, repairs and damages, cleaning
charges and taxes will not be included in the administrative
fee. Caterpillar will pay this fee and will not ask Sourcewell
members to pay this fee.
Participating CAT dealers will be required to provide
Caterpillar a summary of transactions in order to provide
Caterpillar and Sourcewell the necessary details to perform
upon the administrative fee payment Li
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
Table 14A: Depth and Breadth of Offered Equipment Products and Services
ILtrem Question' Response
64 Provide a detailed description of the equipment, products, Caterpillar is offering the rental equipment product lines as
and services that you are offering in your proposal. listed in the attached "CAT 2020 Rental Rates-Sourcewell"
rate schedule. This includes over 130 items of Cat branded
equipment as well as popular equipment from other OEM
brands represented by participating CAT dealers.
Participating CAT dealers also offer hundreds of work-tool
attachments including augers, blades, brooms, buckets, forks,
hydraulic hammers, and many more.
In addition to rental machines and work tools, we are happy
to offer members access to used machines, parts, service,
extended service coverage plans, CVAs, products from Cat
Safety Services, sourced goods, and open market items.
65 Within this RFP category there may be subcategories of The construction and related equipment offerings include, but
solutions. List subcategory titles that best describe your are not limited to: compressors, articulated trucks, articulated
products and services. booms, backhoe loaders, cranes, crawler & wheel loaders,
track dozers & loaders, rollers, dump trucks, tracked &
wheeled excavators, forklifts, generators, HVAC equipment,
compaction equipment including rollers, light utility vehicles,
lighting equipment, motor graders, scissor lifts, skid steer
and track loaders, sweepers and brooms, telehandlers,
telescopic booms, trenching equipment, water trucks, and
welders.
Table 14B: Depth and Breadth of Offered Equipment Products and Services
Indicate below if the listed types of equipment, products, and services are offered within your proposal. Provide additional
comments in the text box provided to further clarify your offering, as necessary.
Line Category or Type Offered Comments
Iltem
66 Construction Equipment (describe heavy, r. Yes Visit local participating CAT rental
medium or light in Comment field) r No dealer for selection and current
availability.
67 Construction Tools a Yes Visit local participating CAT rental
r No dealer for selection and current
availability. _
68 Electrical Tools r Yes Visit local participating CAT rental
r No dealer for selection and current
availability.
69 Heating, Ventilation and Air r. Yes Visit local participating CAT rental
Conditioning (HVAC) Equipment r No dealer for selection and current
availability.
70 Material Handling Equipment a Yes Visit local participating CAT rental
r No dealer for selection and current
availability.
71 Pumps r. Yes Visit local participating CAT rental
r No dealer for selection and current
availability.
72 Concrete and Masonry Equipment and r Yes Visit local participating CAT rental
Tools r No dealer for selection and current
availability.
73 Public Works and Utility Equipment r. Yes Visit local participating CAT rental
r No dealer for selection and current
availability.
rr
rucks and Trailers r' Yes Visit local participating CAT rental
r No dealer for selection and current
availability.
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
75 Waste and Debris Handling Equipment r Yes Visit local participating CAT rental
r No dealer for selection and current
availability.
76 Generators r Yes Visit local participating CAT rental
r No dealer for selection and current
L availability.
77 Tree, Lawn, and Landscape Equipment r Yes Equipment in these categories include,
r No skid steer loaders, compact track
loaders, compact articulated wheel
loaders, mini-hydraulic excavators, etc.
Visit local participating CAT rental
dealer for selection and current
availability.
78 Snow and Ice Removal Equipment r Yes This includes work-tools such as snow
r No plows and snowblowers. Visit local
participating CAT rental dealer for
selection and current availability.
79 Facility Maintenance and Cleaning r. Yes This includes work-tools including rotary
I Equipment r No brooms, utility brooms, pickup brooms.
I Visit local participating CAT rental
dealer for selection and current
availability.
80 Safety Equipment r Yes Visit local participating CAT rental
r No dealer for selection and current
availability.
81 Temporary Shelters and Seating r Yes n/a
r No
82 Audio Visual Equipment and Public r Yes n/a
Address Systems r No
83 Portable Sign Boards, Portable Traffic r Yes n/a
Signals, Road Barricades and Signs r No
84 Environmental conditions or Emissions r Yes n/a
Monitoring Equipment, Calibration and r No
Testing Equipment, and Imaging
Equipment
85 Delivery, Installation or Setup, Removal, r Yes Visit local participating CAT rental
Repair, Maintenance, Equipment r No dealer for selection and current
Training Programs, Safety Training availability.
Programs
86 Used Rental Equipment Sales r Yes Visit local participating CAT rental
r No dealer for selection and current
availability.
Table 15: Industry Specific Questions
Lem Question Response
87 If you are awarded a contract, provide a few examples of Caterpillar, Inc. collects rental transaction data from CAT
internal metrics that will be tracked to measure whether you dealers, industry trade associations, as well as 3rd parry
are having success with the contract. data analytics providers. We will closely monitor the total
volume / value of rental business transacted with Sourcewell
members under this contract within each participating CAT
dealer's service territory.
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
88 Identify any additional costs not included in the rental 1. Freight / delivery fees- There is no delivery fee to
equipment cost, such as delivery fees, loading and unloading Sourcewell members who choose to pick-up equipment from
fees, equipment fuel surcharges, environmental fees or their local participating CAT dealer. If delivery is requested,
permits. participating CAT dealers may charge for haulage and
permits that may be required.
2. Environmental fees: The local participating CAT dealer
may charge an environmental fee not to exceed 1.5% of the
rental rate.
3. Fuel Surcharges: As part of the pre-rental inspection
process, equipment will generally be fully fueled unless
prohibited by local ordinance. If equipment is returned with
less fuel than when it was delivered, then the participating
CAT dealer may charge the Sourcewell member for top-up
fuel. Fuel charges are posted at the dealer shop and will be
communicated when equipment is rented.
4. Cleaning and damages: The participating CAT dealer
may charge for cleaning equipment that is not retuned clean
and for damages caused by the Sourcewell member.
5. Over hours or excess usage charges: If Participating
Entity makes a greater use of the Rental Equipment,
Participating Entity shall pay Participating Dealer additional
rental charges for the excess use of the Rental Equipment
as follows: for every hour of overtime the charge is equal to
the applicable rate of the Rental Equipment Rental Price
divided by the applicable maximum hours. Customer shall
advise Participating Dealer when equipment is used more
than a single shift.
89 Describe your rent-to-buy option program for new rental CAT dealers are independently owned and the rent-to-buy
equipment, if applicable. options each offers will vary due to a number of factors
including local market conditions. Sourcewell members
interested in rent-to-buy options are encouraged to contact
their local participating CAT dealer for locally available
solutions.
90 Describe your used rental equipment sales program, if CAT Certified Used equipment is selected, inspected and
applicable. serviced to a higher standard while still providing an
economical purchase alternative. CAT dealers and CAT
Finance have a massive inventory of used equipment for
sale, from construction equipment and power systems to
work tool attachments and allied products and more.
Whether a Sourcewell member is looking for good used
equipment, work-tools or an upgrade for an existing piece of
equipment in their fleet; chances are. their local participating
CAT dealer will have the equipment they need.
CAT dealers currently have over 28,000 pieces of used
equipment, generators, engines, and parts available for sale.
Sourcewell members may purchase used equipment from the
inventory of any CAT dealer in the U.S. and Canada at
locally competitive prices.
Please visit the CAT used equipment website for further
details: https://catused.cat.com
91 Describe any training programs related to this proposal, Caterpillar and participating CAT dealers offer a
such as OSHA training, safety training, or other related comprehensive range of equipment operation and safety
certifications. training.
OPERATOR TRAINING:
Caterpillar Equipment Training Solutions (ETS) provides
customers with training and support needed to improve the
skill of their operators. The success of your construction or
maintenance projects depends on the ability of your
operators. Good equipment operators move the maximum
amount of material in the minimum amount of time. They
operate machines safely, and they know how to cut down on
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
unnecessary wear and tear. Learn how to elevate your
operators to higher levels of proficiency and get the full
potential out of your investment with Caterpillars suite of
operator training solutions.
Please visit our operator training website for further details:
https:/twww.cat.com/en—US/su pportloperations/operator-
training1.html
SAFETY SERVICES CONSULTATION & TRAINING:
Safety is a core Caterpillar value and integral to everything
we do — from equipment design to operator training to
service delivery. Work together with Caterpillar to improve
safety and productivity using proven methodologies to drive
sustainable safety culture excellence.
ISatety Technology:
Reduce risk in, on and around heavy equipment in
challenging site conditions. Caterpillar provides solutions to
keep workers away from hazardous conditions while
improving awareness and visibility, especially when
equipment and people are working in close proximity.
The safety of equipment operators and site support
staff begins with safe and well-maintained equipment.
Caterpillar provides equipment walk-around tools, technology
and processes to ensure that equipment is regularly
serviced, inspected and repaired, reducing the risk of
injuries, incidents and property or equipment damage.
Grade and compaction control systems reduce the
need for surveyors in the path of heavy equipment while
building haul roads. These features also provide the ability
to map equipment avoidance zones for unsafe slopes, high-
walls, underground crushers and other hazards.
Object detection and visibility systems enhance operator
awareness of the immediate environment around manned or
remotely controlled equipment, whether it is a mobile
machine or fixed equipment such as an underground longwall
system.
Operator fatigue and distraction results from a
combination of long working hours, repetitive duties,
demanding production schedules, solitary work environments
and challenging jobsite environments. It reduces worker
productivity, but more importantly increases the risk of
accidents, injuries and their associated financial fallout.
Caterpillar provides in-cab technology to detect operator
fatigue and distraction and deliver real-time alerts to the
driver and dispatcher. Our fatigue risk management services
include shift-worker training to manage fatigue, supervisor
training for fatigue identification and intervention, shift
scheduling and roster analysis, and support for fatigue
analytics/human error analysis.
Behavioral Operator Education:
Improve site productivity and operator safety. Safe operation
of a mobile machine starts with understanding the
capabilities and limitations of the machine and the skills and
competencies of the operator.
Operator training delivered by Caterpillar Certified
Operator Trainers is customized for the unique skills and
competencies of your operators as well as the specific
machines in your fleet. Building on the basics of walk
around inspections and standard operations, our program
targets specific improvements identified at your site through
equipment data analysis and site observations, enabling
operators to maximize the safe operation of the machine.
Accident and abuse analysis provides critical insight
into how the machine is being operated. With an
understanding of your site, the design and operating
characteristics of the machine and data analysis we can
identify operator techniques that adversely affect safe
operation. Working together with the site management we
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
develop a monitoring, communication and training program
that modifies operator behavior.
Safety Culture Development:
Build a sustainable culture of safety excellence. A culture of
safety excellence is built by continuously improving
processes, management systems and the underlying culture.
Whether you're at the beginning of your safety journey
or preparing to move to the next level, a cultural assessment
will help you determine where to focus your continuous
improvement efforts. The Safety Perception Survey from
Caterpillar Safety Services reveals employee attitudes and
beliefs to help you make fact-based, data-driven decisions.
The successful development of a safety culture starts
with the leadership of an organization and extends through
all levels and functional areas to the front-line operators and
site support staff. Caterpillar safety training programs and
workshops, apply proven business principles to improve
communication, elevate safety awareness, reduce
complacency, and adopt action plans that eliminate risk. Our
safety culture products help you elevate safety as a core
business value.
o S.T.A.R.T.Tm Safety performance is dependent upon
leadership actions that demonstrate a relentless commitment
to a culture of zero. Supervisor Training in Accountability and
Recognition Techniques {S.T.A.R.T.7'A} elevates safety
performance by demystifying safety management, providing
managers and supervisors with the skills to impact safety
perceptions and behaviors throughout your organization.
o Speak Up!IListen Up! Effective communication is a
cornerstone in building a strong, sustainable culture of safety
excellence, but talking about safety doesn't always come
naturally on the job site. Speak Up!/Listen Up! gives
employees simple tools and a practical process for
delivering and receiving safety-related feedback effectively.
o Recognize It! Focus on the positive and eliminate
blame to further a culture of safety excellence. Recognize It!
training provides the tools to help supervisors more
effectively acknowledge what workers d❑ right. The key take-
away? As soon as a supervisor observes someone working
safely, he or she needs to call it out in a timely, sincere
and specific way.
Our rapid improvement workshops engage front-line
employees in developing systems that integrate safety
activities into everyday processes. Use data from
equipment, site conditions and operators to identify and
mitigate risks. Establish the baseline, use root-cause
analysis and leverage accountability and recognition to
develop a sustainable solution.
PUT OUR CAPABILITIES TO WORK IN YOUR BUSINESS
Caterpillar Safety capabilities can be provided as individual
services, but are most valuable when delivered as part of a
comprehensive plan to optimize site performance. For more
information about optimizing your financial resources, contact
an expert at info@collaboratewithcat.com or visit
CollaborateWith Cat.com.
Please refer to attached "CAT Safety Services Agreement
National Accounts template.pdf' for description of services
offering and applicable discounts that will be extended to
Sourcewell participating entities.
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
92 Describe maintenance responsibility (e.g., vendor or end Participating Dealer must, at its expense, perform all normal
user) related to long-term rentals. periodic maintenance on the Rental Equipment- Normal
periodic maintenance is included in the Rental Price, when
Rental Equipment is operated by Customer within fifty miles
of Participating Dealer's service facility. Participating Dealer
will determine the periodic maintenance charges for Rental
Equipment operated in excess of fifty miles from a
Participating Dealer service facility. Customer must, at its
expense, maintain the Rental Equipment in proper condition
by performing adjustments and lubrication, set forth in the
Operation and Maintenance Manual ("OMM"), including,
without limitation: (a) on a daily basis checking and
I maintaining all hydraulic, transmission, cooling and fluid
systems, fire pressure, and all battery fluid and charge
levels; (b) on a daily basis checking teeth, cutting edges
and tire conditions; (c) repairing and replacing damaged
tires as needed; and (d) using the Rental Equipment in the
manner prescribed by the applicable manufacturer. Except
for the adjustments, lubrication, inspections and repairs
described above, Customer shall not permit anyone to
service, repair or alter the Rental Equipment without
Participating Dealer's prior approval. If the Rental Equipment
fails to operate property or requires repair, Customer must
immediately stop using the Rental Equipment and notify
Participating Dealer of the mechanical condition or damage.
As it pertains to any equipment on the attached "CAT
2020 RENTAL RATES-SOURCEWELL" rate schedule,
where the rental rates are designated as "CALL"; scheduled
maintenance charges are not included. In such case, the
Customer and the dealer will price those separately.
93 Describe procedures for repair or replacement of rental Once the Sourcewell member takes delivery of the rental
equipment that becomes inoperable during the rental period. equipment, the local participating CAT dealer will be there to
provide ongoing support. Members can reach their local
participating CAT dealer by phone whenever they have
questions or need technical support. Around-the-clock repair
service is available to handle unexpected mechanical issues
quickly and reduce unproductive downtime.
Upon notification of equipment malfunction, local
participating CAT dealer service personnel will attempt to
initiate remote diagnostic troubleshooting procedures via CAT
Product Link telematics technology (applicable to CAT brand
equipment only) to determine the nature of the failure and if
it can be resolved via a remote over-the-air software update
to the equipment's onboard electronic control modules. If the
problem cannot be resolved via remote diagnostics, then the
local participating CAT dealer will promptly dispatch a field
service technician to the customer's jobsite to attempt repair,
typically within 2-4 hours. If the equipment cannot be
repaired on site, the participating CAT dealer will promptly
deliver a replacement unit typically, same day or next day
dependent upon when the determination is made that the
rented equipment cannot be repaired on site.
94 Explain the procedures and timelines for providing equipment CAT dealers have over $13 billion in rental fleet assets in
to a vendor or dealer location that does not have a piece the U.S. and Canada. Furthermore, CAT dealers maintain
of equipment in inventory. strong cooperative working relations with their neighboring
CAT dealers. In the unlikely event that the member's local
participating CAT dealer does not have the requested
equipment type / size currently available in their yard; the
dealer has the capability to leverage their neighboring
dealers' fleet However, due to variability in availability and
market conditions, this may result in a locally negotiated
rental rate that may be different than the Sourcewell rental
rate. In such case, the rate would be negotiated between
the member and the local participating CAT dealer before
awarding a rental order.
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
95 Describe the extent to which your proposal includes a For Sourcewell members who would like assistance from
customer owned equipment repair program. If applicable, their local participating CAT dealer with maintenance and
describe the types of repair procedures, including repair of the members'owned equipment fleet,they can
transportation, on-site repair,labor and parts costs, or schedule the work themselves as needed, or the
warranty offering. participating local CAT dealer have available,a variety of
CVAs(Customer Value Agreements).These are completely
customizable,but they offer starting points for several levels
with corresponding price points which vary by product.
Members should contact their local participating CAT dealer
for alternative options such as:
Customer performed preventative maintenance-the
local participating Cat dealer will provide the necessary parts
per the maintenance schedule;the member will do the work.
•The local participating Dealer performs preventative
maintenance-the dealer will handle basic preventative
maintenance for any machine or group of machines to help
keep scheduled downtime to a minimum.
• Component maintenance and repair agreement - the
participating local CAT dealer will take care of maintaining
and servicing systems such as engines,transmissions,etc.
to extend service resources and equipment life.
• Total maintenance and repair agreement-the
participating local Cat dealer covers service and
maintenance for any one piece of equipment or the entire
fleet.This agreement can include guaranteed availability and
uptime.
Exceptions to Terms, Conditions, or Specifications Form
Only those Proposer Exceptions to Terms, Conditions,or Specifications that have been accepted by Sourcewell have been
incorporated into the contract text.
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel,or compatible formats may also be provided.
2. Documents should OT 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."
■ Financial Strength and Stabilit -Financial Strength and Stability.zip-Tuesday June 23,202014:38:10
■ Marketing Plan/Samples- Marketing Plan-Samples.zip-Tuesday June 23, 2020 14:40:13
+ WMBE/MBE/SBE or Related Certificates (optional)
. Warranty Information-Attachment D-Warranty Statements.pdf-Tuesday June 09,202009:46:05
• Pricing-CAT 2020 RE TAIL RATES-SOURCEWELL.pdf-Tuesday June 23,2020 12:47:26
. Additional Docurngnt-Additional Documents.zip-Tuesday June 23, 2020 15:34:38
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
Proposer's Affidavit
PROPOSER_AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to
bind the Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good
standing in the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of
evaluation for contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal
independently and the Proposal has been created without colluding with any other person, company, or parties that have
or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud
or dishonesty.The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or
business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has
not taken any action in restraint of free trade or competitiveness in connection with this solicitation.Additionally, if
Proposer has worked with a consultant on the Proposal, the consultant(an individual or a company) has not assisted any
other entity that has submitted or will submit a proposal for this solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or
circumstances which could give rise to an organizational conflict of interest.An organizational conflict of interest exists
when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be,
impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not
an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due
Date of this solicitation.
6. If awarded a contract,the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services
in accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or
certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means
that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-
quality products and related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked"confidential" (or"nonpublic,"etc.),
either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are
considered nonpublic data until the evaluation is complete and a Contract is awarded.At that point, proposals become
public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a"trade
secret,"and thus nonpublic data under Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
a. Included on the"Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
DocuSign Envelope ID:8787F7A8-4D7B-4730-9888-F99EBC914D09
Assets Control of the United States Department of the Treasury found at:
htt s:llvvww.treasu ovl fa ownloadslsdnfist. df;
b. Included on the government-wide exclusions lists in the United States System for Award Management found at:
hstps:llwww.sam.govlport_a_Il3; or
c. 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.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.
Pr 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. - Christopher Gustafson, Global
Accounts&Allied Product Manager, 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.
I have reviewed the
below addendum and Pages
File Name attachments(if 9
applicable)
Addendum_8_Equipment Rental_RFP_062320 r 1
Mon June 15 2020 09:00 AM
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Tue June 9 2020 03:02 PM
Addendum_6_Equipment_Rental_RFP_062320 1
Mon June 8 2020 03:27 PM
Addendum_5_Equipment_Rental_RFP_062320 r 1
Wed June 3 2020 04:28 PM
Addendum_4_Equipment Rental_RFP_062320 r
Wed June 3 2020 07:49 AM
Addendum_3_Equipment Rental_RFP_062320 r 1
Mon June 1 2020 09:20 AM
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Tue May 12 2020 04:30 PM
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Tue May 5 2020 02:24 PM
Bid Number: RFP 062320 Vendor Name: Caterpillar Inc
i
DocuSign Envelope ID:0535E114-D8AB-468D-AA36-0l3B43F3CD2D4
AMENDMENT#1
TO
CONTRACT#062320-CAT
THIS AMENDMENT is effective upon the date of the last signature below and is by and
between SOURCEWELL and CATERPILLAR INC. (Vendor).
WHEREAS, Sourcewell and Caterpillar entered into a Contract (#062329-CAT) having an
effective date of September 17, 2020, ("Contract");
WHEREAS, pursuant to Section 10.A. Assignment therein, Caterpillar may subcontract certain
obligations to its dealers, including in some cases dealers in Canada;
WHEREAS, the parties desire to amend Section 20. Insurance of the Contract to account for
the different insurance products available in Canada when a subcontract is issued to a dealer
located in that country; and
NOW THEREFORE, in consideration of the mutual promises made herein and intending to be
legally bound hereby, Sourcewell and Caterpillar agree as follows:
Section 20. Insurance A. Requirements of the Contract is amended to add the following after
the last paragraph of subsection A:
Canadian Dealers:
In the event Vendor subcontracts its obligations hereunder to a Dealer in Canada
pursuant to Section 10. A. ("Canadian Dealer"), at its own expense the Canadian Dealer
must maintain insurance policy(ies) in effect at all times during the performance of this
Contract with coverage and limits of insurance not less than the following:
1. Workers' Compensation. Canadian Dealer shall at all times comply with the
applicable requirements of the Workers' Compensation Act of Alberta as amended or
substituted from time to time (or equivalent statutory requirement within the
jurisdiction where the Services shall be performed) and shall, upon demand by
SOUrcewell, deliver to Sourcewell a certificate from the Workers' Compensation Board
(or other equivalent entity) showing that the Canadian Dealer is registered and in good
standing with the Workers' Compensation Board (or other equivalent entity).
2. Commercial General Liability Insurance. Canadian Dealer will maintain insurance
covering its operations, with coverage on an occurrence basis. At a minimum,coverage
must include liability arising from third party bodily injury, property damage, contractual
liability and non-owned automobile liability. All required limits, terms and conditions of
coverage must be maintained during the performance of this Contract.
Sourcewell Contract#062320-CAT I Amendment 1
Page 1 of 2
Caterpillar- Confidential Green
DocuSign Envelope ID:0535E114-D8AB-468D-AA36-OBB43F3CD2D4
Minimum Limits:
CDN 3,000,000 Each Occurrence (inclusive of bodily injury and/or property damage)
CDN 5,000,000 Aggregate for Products&Completed Operations
CDN 5,000,000 General Aggregate
3. Automobile Liability Insurance. During the performance of this Contract, Canadian
Dealer will maintain insurance covering any and all motor vehicles owned, operated or
licensed by Canadian Dealer and used in the performance of this Contract.
Minimum Limits:
CDN 3,000,000 per occurrence
Failure of Canadian Dealer to maintain the required insurance during its performance
under the Contract bar the Canadian Dealer from performance under this Contract.
Except as amended by this Amendment, the Contract remains in full force and effect.
Sourcewell Caterpillar Inc.
Doc Signed by-:f Doc ki Signed by: -I I t
11D2659E7DFB4C6..
13COF02A, i Brenda Schmidt National Accounts Manager,lby�j
Jeremy Schwartzz,, Director
er, N.A.
of Operations/CPO 9
Date:
7/13/2022 1 12:31 PM CDT Date: 5/26/2022
Approved:
DncuSigncd by:
ie'288FSt?fiEaCC
Chad Coauette, Executive Director/CEO
Date: 7/13/2022 1 12:58 PM CDT
Sourcewell Contract#062320-CAT Amendment 1
Page 2 of 2
Caterpillar: Confidential Green
uuuu Jlyl1 CIIVCIu PV IU.OOr VrJ0L-M1 11-+M I O-MC.7 I-ZI7G 1 1/UM IMum
Exhibit C
Insurance and Indemnity
To the furthest extent allowed by law, VENDOR shall indemnify, hold harmless and defend CITY
and each of its officers, officials, employees, agents and volunteers from any and all loss, liability,
fines, penalties, forfeitures, costs and damages(whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage) incurred by CITY,
VENDOR or any other person, and from any and all claims, demands and actions in law or equity
(including reasonable attorney's fees, litigation expenses and cost to enforce this agreement),
arising or alleged to have arisen directly or indirectly out of performance of this Contract.
VENDOR'S obligations under the preceding sentence shall not apply to any loss, liability, fines,
penalties, forfeitures, costs or damages caused by the negligence, or the willful misconduct, of
CITY or any of its officers, officials, employees, agents or volunteers.
If VENDOR should subcontract all or any portion of the work to be performed under this
Contract, VENDOR shall require each subcontractor to indemnify, hold harmless and defend CITY
and each of its officers, officials, employees, agents and volunteers in accordance with the terms
of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
1. COMMERCIAL PROPERTY INSURANCE: VENDOR shall maintain, and provide the City
of Fresno with verification of, VENDOR's commercial property insurance policy in excess of
$1,000,000 by providing a certificate of insurance on said Bid Item(s)equipment. Certificates shall
be issued by an insurance company meeting the requirements to conduct business in the state
of California. City of Fresno is required to be an additional insured with primary and non-
contributory coverage in favor of the City on this commercial property insurance policy.
If scope of work includes delivery, the requirements below apply in addition to the above
requirements.
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01, providing liability coverage arising out of your
business operations. The Commercial General Liability policy shall be written on
an occurrence form and shall provide coverage for "bodily injury," "property
damage" and "personal and advertising injury" with coverage for premises and
operations (including the use of owned and non-owned equipment), products and
completed operations, and contractual liability (including, without limitation,
UUUU,Dly.l I CIIVCIUptC IU.OOr VrUDL-MI I!-4M 10-F1C.7 1-JyG 1 I/'JM IMUC
indemnity obligations under the Agreement) with limits of liability not less than
those set forth under "Minimum Limits of Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01,
providing liability coverage arising out of the ownership, maintenance or use of
automobiles in the course of your business operations. The Automobile Policy
shall be written on an occurrence form and shall provide coverage for all owned,
hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
MINIMUM LIMITS OF INSURANCE
CONTRACTOR shall procure and maintain for the duration of the contract, and for 5 years
thereafter, insurance with limits of liability not less than those set forth below. However, insurance
limits available to CITY, its officers, officials, employees, agents and volunteers as additional
insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $2,000,000 general aggregate applying separately to the work performed
under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY
$1,000,000 per accident for bodily injury and property damage.
3. Workers'Compensation Insurance as required by the State of California with
statutory limits and EMPLOYER'S LIABILITY with limits of liability not less
than:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
u uuuJIyi i GI ivuiu w IL/.OOrL/r Jot-N! I/--FH 10-HC5 1-uu4 I 1!im i muC
UMBRELLA OR EXCESS INSURANCE
In the event CONTRACTOR purchases an Umbrella or Excess insurance policy(ies) to meet the
"Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less
coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance
policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its
officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
CONTRACTOR shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required herein and CONTRACTOR shall also be responsible for payment of any self-
insured retentions. Any self-insured retentions must be declared on the Certificate of Insurance,
and approved by, the CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk
Manager or his/her designee, either:
(i) The insurer shall reduce or eliminate such self-insured retentions as respects
CITY, its officers, officials, employees, agents and volunteers; or
(ii) CONTRACTOR shall provide a financial guarantee, satisfactory to CITY'S Risk
Manager or his/her designee, guaranteeing payment of losses and related
investigations, claim administration and defense expenses. At no time shall CITY
be responsible for the payment of any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
(i) All policies of insurance required herein shall be endorsed to provide that the
coverage shall not be cancelled, non-renewed, reduced in coverage or in limits
except after thirty(30) calendar days written notice has been given to CITY, except
ten (10) days for nonpayment of premium. CONTRACTOR is also responsible for
providing written notice to the CITY under the same terms and conditions. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal,
or reduction in coverage or in limits, CONTRACTOR shall furnish CITY with a new
certificate and applicable endorsements for such policy(ies). In the event any
policy is due to expire during the work to be performed for CITY, CONTRACTOR
shall provide a new certificate, and applicable endorsements, evidencing renewal
Uul.uJIy i CI IVCIupt:IL/.OOr VrJDL-MI I I-'lM 10-MC:7 1-y.7G I I I:JM I MUM
of such policy not less than fifteen (15) calendar days prior to the expiration date
of the expiring policy.
(ii) The Commercial General and Automobile Liability insurance policies shall be
written on an occurrence form.
(iii) The Commercial General and Automobile Liability insurance policies shall be
endorsed to name City, its officers, officials, agents, employees and volunteers as
an additional insured. CONTRACTOR shall establish additional insured status for
the City and for all ongoing and completed operations under the Commercial
General Liability policy by use of ISO Forms or an executed manuscript insurance
company endorsement providing additional insured status. The Commercial
General endorsements must be as broad as that contained in ISO Forms: GC 20
10 11 85 or both CG 20 10 & CG 20 37.
(iv) The Commercial General and Automobile Liability insurance shall contain, or be
endorsed to contain, that the CONTRACTORS' insurance shall be primary to and
require no contribution from the City. The Commercial General insurance policy is
required to include primary and non contributory coverage in favor of the City for
both the ongoing and completed operations coverage. These coverages shall
contain no special limitations on the scope of protection afforded to City, its officers,
officials, employees, agents and volunteers. If CONTRACTOR maintains higher
limits of liability than the minimums shown above, City requires and shall be
entitled to coverage for the higher limits of liability maintained by CONTRACTOR.
(v) Should any of these policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated
limits.
(vi) For any claims related to this Agreement, CONTRACTOR'S insurance coverage
shall be primary insurance with respect to the CITY, its officers, officials, agents,
employees and volunteers. Any insurance or self-insurance maintained by the
CITY, its officers, officials, agents, employees and volunteers shall be excess of
the CONTRACTOR'S insurance and shall not contribute with it.
(vii) The Workers' Compensation insurance policy shall contain, or be endorsed to
contain, a waiver of subrogation as to CITY, its officers, officials, agents,
employees and volunteers.
(viii) The Commercial General and Automobile Liability insurance policies shall contain,
or be endorsed to contain, a waiver of subrogation as to CITY, its officers, officials,
agents, employees and volunteers.
PROVIDING OF DOCUMENTS - CONTRACTOR shall furnish CITY with all certificate(s)
and applicable endorsements effecting coverage required herein All certificates and
applicable endorsements are to be received and approved by the CITY'S Risk
Manager or his/her designee prior to CITY'S execution of the Agreement and before
work commences. All non-ISO endorsements amending policy coverage shall be
executed by a licensed and authorized agent or broker. Upon request of CITY,
UUUU,D1 1I CI1vq 1lup"IU.OOr UrUD4-M! 1!-YM I O-MCy I-7yL 1 1!JM IMUC
CONTRACTOR shall immediately furnish CITY with a complete copy of any insurance
policy required under this Agreement, including all endorsements, with said copy certified
by the underwriter to be a true and correct copy of the original policy. This requirement
shall survive expiration or termination of this Agreement. All subcontractors working under
the direction of CONTRACTOR shall also be required to provide all documents noted
herein.
SUBCONTRACTORS - If CONTRACTOR subcontracts any or all of the services to be
performed under this Agreement, CONTRACTOR shall require, at the discretion of the
CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side
Agreement with the City to provide required indemnification and insurance protection.
Any required Side Agreement(s) and associated insurance documents for the
subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If
no Side Agreement is required, CONTRACTOR will be solely responsible for ensuring
that it's subcontractors maintain insurance coverage at levels no less than those
required by applicable law and is customary in the relevant industry.