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HomeMy WebLinkAbout48-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 48-25 File Number: 2025-63 NIXON POWER, INC. (SERVICE CONTRACT): A RESOLUTION TO AUTHORIZE A GENERATOR MAINTENANCE CONTRACT WITH NIXON POWER INC. IN THE ANNUAL AMOUNT OF $47,952.00, PLUS THE COST OF NON-SCHEDULED SERVICE CALLS WITHIN THE APPROVED BUDGET, THROUGH NOVEMBER 22, 2026 AND ANY FUTURE RENEWAL PERIODS, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT WHEREAS, on September 3, 2024, the City Council approved Resolution 221-24 authorizing a generator maintenance contract with Kohler Power Products; and WHEREAS, Nixon Power, Inc. is an authorized repair and installation provider for Kohler Power Products and has significant resources in the area to accommodate the needs of the city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a Generator Maintenance Contract with Nixon Power, Inc. in the annual amount of $47,952.00, plus the cost of non- scheduled service calls within the approved budget, through November 22, 2026, and any future renewal periods, pursuant to a Sourcewell cooperative purchasing contract. PASSED and APPROVED on February 4, 2025 Approved: Attest: jY AA2G C' 0.,.... Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 4, 2025 TO: Mayor Rawn and City Council THRU: Terry Gulley, Asst Public Works Director - Ops FROM: Ross Jackson, Jr., Fleet Operations Superintendent SUBJECT: Generator Maintenance Contract RECOMMENDATION: CITY COUNCIL MEMO 2025-63 A RESOLUTION TO AUTHORIZE A GENERATOR MAINTENANCE CONTRACT WITH NIXON POWER, INC. THOUGH SOURCEWELL CONTRACT # 092222-KOH THROUGH NOVEMBER 22, 2026 AND ANY FUTURE RENEWALS, IN THE ANNUAL AMOUNT OF $47,952.00, PLUS THE COST OF NON-SCHEDULED SERVICE CALLS. BACKGROUND: Fleet Operations requires a generator maintenance contract for annual services and repairs. The current contract is expiring with Clifford Power based in Oklahoma. Nixon Power is a current backup vendor brought on in FY24. DISCUSSION: On September 3rd, 2024, the City Council approved resolution 221-24 authorizing a generator maintenance contract with Kohler Power Products. Fleet has sourced a local generator company, Nixon Power, that is an authorized repair and installation provider for Kohler Power Products that has more resources in the area to be able to better accommodate the needs of the city in a timelier manner. Fleet Operations recommends moving forward with this maintenance contract for generator repairs and equipment standardization across the city. BUDGET/STAFF IMPACT: Sufficient funds have been budgeted in the Fleet Operations Contract Servies annual operating budget. Any maintenance, repairs or generator replacements outside of the annual budgets and in excess of $35,000 will come back to City Council for budget adjustment and approval. ATTACHMENTS: SRF (#3) , Preventative Maintenance Quote (#4), 25-26 Generator Coop Quote - Final (#5), Legacy Customer Letter (#6), 221-24 Resolution - Kohler Products (#7) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-63 Generator Maintenance Contract A RESOLUTION TO AUTHORIZE A GENERATOR MAINTENANCE CONTRACT WITH NIXON POWER INC. IN THE ANNUAL AMOUNT OF $47,952.00, PLUS THE COST OF NON- SCHEDULED SERVICE CALLS WITHIN THE APPROVED BUDGET, THROUGH NOVEMBER 22, 2026 AND ANY FUTURE RENEWAL PERIODS, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT WHEREAS, on September 3, 2024, the City Council approved Resolution 221-24 authorizing a generator maintenance contract with Kohler Power Products; and WHEREAS, Nixon Power, Inc. is an authorized repair and installation provider for Kohler Power Products and has significant resources in the area to accommodate the needs of the city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a Generator Maintenance Contract with Nixon Power, Inc. in the annual amount of $47,952.00, plus the cost of non-scheduled service calls within the approved budget, through November 22, 2026, and any future renewal periods, pursuant to a Sourcewell cooperative purchasing contract. Page 1 Chelsey Voden Submitted By City of Fayetteville Staff Review Form 2025-63 Item ID 2/4/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/15/2025 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A RESOLUTION TO AUTHORIZE A GENERATOR MAINTENANCE CONTRACT WITH NIXON POWER INC. THOUGH SOURCEWELL CONTRACT # 092222-KOH FOR THE TERM OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS IN THE ANNUAL AMOUNT OF $47,952.00, PLUS THE COST OF NON- SCHEDULED SERVICE CALLS. 9700.770.1910-5315.00 Account Number Project Number Budgeted Item? Yes Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: FLEET CONTRACT SERVICES Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title $ 331,500.00 $ 45,600.00 285,900.00 285,900.00 Previous Ordinance or Resolution # Approval Date: V20221130 1 Quote To: Email: rjackson@fayetteville-ar.gov Phone Number: 479-879-6221 ITEM DESCRIPTION Service Dates: 01 Feb 2025- 31 Jan 2026 Semi -Annual Service (Major+Minor) w/2hr Loadbank X 27 Gens *See Attachment 1 for PM Pricing Spreadsheet SIGNATURES: Quote is valid for 30 days. Molly Rawn Accepted By (Print Name) TERMS & CONDITIONS: Accepted By (Signat➢re) From: Robert Gulliver Date: 1/13/2025 479-601-5881 rguiliver@Nixonpower.com Name: City of Fayetteville, AR Quote Number: RGO11325H Source II#:092222-KOH $47,952.00 Years of PM: 1 TOTAL ANNUAL PRICE: $47,952.00 PO Number 'This agreement is billed annually or at time of service from the date of acceptance and renewed upon approval if not cancelled by either party. A 30-day written notice is required before scheduled service or anniversary date of the agreement to cancel. Annual reminders wil I be sent with the potential cost of I wing increases not to exceed 10%. Al I prices quoted are for services listed." Price does not include applicable sales tax. Our service department is on all 24- hours a day, 365 days per year. Please call (900) 7664966. Addidonal or emergency services will be quoted on a time and material basis at your preferred customer rate By signing below, you agree to the attached Standard Terms and Conditions. (a www.nixonpower.com ® Nixon Power Services 91 Nixon Power Services © @Nixon_Power M @nixon_power services Attachment 1 POLC FO46 Department., OLD PD 100W. Rock Kohler 10ORZ 677968 100 $ 679.00 $ 214.00 $ 744.00 $ 1,637.00 FIRE_NO17 FDOP Old FS#2708NGarland Generac SGO020 2073732 20 $ 614.00 $ 214.00 $ 465.00 $ 1,293.00 FIRE_NO18 FDOP FS#4 3385 Plainview Generac SGO020 ? 20 $ 614.00 $ 214.00 $ 465.00 $ 1,293.00 FIRE_NO19 FDOP FS#6900S. Hollywood Generac SGO020 ? 20 $ 614.00 $ 214.00 $ 465.00 $ 1,293.00 FIRE_NO24 FDOP FS#7835 N. Rupple Road Generac SGO050 2078316 50 $ 679.00 $ 214.00 $ 465.00 $ 1,358.00 FLET_F007 FLEET 1 1525 Happy Hollow Olympian G125G1 OLYOOODOCNGG00614 125 $ 698.00 $ 214.00 $ 744.00 $ 1,656.00 BLSV NO01 BLSV 113WMountain Generac SGO080 2077476 80 $ 679.00 $ 214.00 $ 744.00 $ 1,637.00 FIRE NO27 FDOP FS# 3 1050S Happy Hollow Generac QT130 4876084 130 $ 758.00 $ 256.00 $ 744.00 $ 1,758.00 FIRE NO28 FDOP FS # 5 2979 N Crossover Rd Generac QT080 4681065 80 $ 679.00 $ 214.00 $ 698.00 $ 1,591.00 ITOP NO01 TOP 317 W Ernie Lancaster Dr Generac QT150 4876552 150 $ 758.00 $ 256.00 $ 744.00 $ 1,758.00 FIRE_NO03 FDOP FS # 1303 W Center Generac SGO100 2110045 100 $ 679.00 $ 214.00 $ 744.00 $ 1,637.00 BLSV_NO02 BLSV 945SCollege Kohler 10OREZG 3013609 100 $ 679.00 $ 214.00 $ 744.00 $ 1,637.00 POLC_FO47 PDDS 3250 W Di nsmore Trail Cummins GGPA-7616899 H110236909 35 $ 214.00 $ 698.00 $ 465.00 $ 1,377.00 POLC_FO48 PDDS 3450 N. Hemlock Cummins GGPA-76168991 H110236910 35 $ 214.00 $ 698.00 $ 465.00 $ 1,377.00 OPC US 2435 S Industrial Cummins DGDB-5696209 K040714403 100 $ 884.00 $ 214.00 $ 744.00 $ 1,842.00 South Mountain US 215 W 24th St CAT D250GC-C9 CATOD250VRG300445 250 $ 1,498.00 $ 289.00 $ 1,023.00 $ 2,810.00 Ash Street US 1016Ash St. Generac 99AO8235-S 2053318 25 $ 717.00 $ 214.00 $ 465.00 $ 1,396.00 Goshen W&S 1589 Fire Tower Rd. Cummins C50N6 B210877017 50 $ 698.00 $ 214.00 $ 465.00 $ 1,377.00 Round Mountain PS W&S 17301 Lake Sequoyah Dr Generac 97AO6841-S 2038735 40 $ 791.00 $ 214.00 $ 465.00 $ 1,470.00 Gulley PS W&S 3788 N Gulley Rd CAT D200-C7.1 T9WO0553 200 $ 1,312.00 $ 289.00 $ 837.00 $ 2,438.00 Sunrise Mountain W&S 3370S Coach Rd Generac M279340 4900054 18 $ 614.00 $ 214.00 $ 465.00 $ 1,293.00 Stone Mountain W&S 2903 Flagstone Cir. Kohler 50OREOZVB 2341516 500 $ 1,851.00 $ 289.00 $ 1,395.00 $ 3,535.00 POLC_FO02 PDDS 1170 E. Skyline Drive CAT DG60-2 CATODG60CT3700703 57 $ 822.00 $ 214.00 $ 698.00 $ 1,734.00 FIRE NO33 FDOP FS # 8 2250 S School Ave Kohler KG60 33M6GMKM0016 60 $ 689.00 $ 214.00 $ 698.00 $ 1,601.00 FIRE 034 FDOP FS # 9 2266 W Deane St Kohler KG60 33M6GMKM0014 60 $ 689.00 $ 214.00 $ 698.00 $ 1,601.00 POLC NO63 PDDS 1800 N Stephen Carr Kohler 50OREZXD 34HRGMKP0001 500 $ 2,232.00 $ 214.00 $ 1,395.00 $ 3,841.00 "New FS#2" FDOP 138W. North St. Kohler KG100 34MXGMMJ0011 100 $ 679.00 $ 289.00 $ 744.00 $ 1,712.00 Annual PM Price= $ 47,952.00 NIXON POWER SERVICES MINOR SERVICE MAJOR SERVICE includes ork includes FUEL SYSTEM • —spection of all components • Drain fuel/water separator • Check & record water level in main tank • Check operation of day tank • Check fuel pressure (Gas only) Minor Services & the following Change fuel filter elements Check for water in day tank AIR INTAKE SYSTEMS • Check breather tube Minor Services & the following • Check air system piping: Check breather tube • Check condition of dry type cleaner Drain air box reservoir Check air system piping Service oil bath air cleaner LUBRICATING • Check engine oil level SYSTEM Minor Services & the following • Check for oil leaks C Change engine oil & filter rChange governor oil & filter Check engine oil pressure • Clean batteries & cables • Check specific gravity • Add distilled water • Check operation of float charger • Check & record battery voltage under load ENGINE ELECTRICAL SYSTEM CHECKS Minor Services & the following Inspect rotor & cap Inspect spark plugs, points & condenser Check specific gravity of cells Add distilled water (as required) Check operation of float charger Check & record battery voltage under load N I CAT C GENERAL' a, ASCo KOHLER, IN POWER. SINCE 1920. MINOR SERVICE includes COOLING SYSTEM • Visually inspect system • Check coolant level • Check for coolant leaks • Check radiator cap MAJOR SERVICE includes GENERATOR CHECKS • Check ciruit breaker operation • Check condition of exhaust system • Check condition of turbocharger • Check for exhaust leaks • Check exhaust rain shield • Check for wet stacking EXHAUST SYSTEM TRANSFER SWITCh • Check for unusual conditions • Visually inspect annunciator • Run generator in emergency/test mode • Record all readings • Verify control panel in automatic mode • Verify all breakers are reset • Notify customer of additional work Minor Services & the following Top off coolant if necessary Minor Services & the following Vacuum debris Check condition of bearings Check condition of AC/DC brushes Measure non -contact temperature All Minor Services Repeated All Minor Services Repeated CAT' GENERAL ®, ASCO KOHLER, I""" IN POWER. SINCE 1920. MINOR SERVICE includes • Check gauges & meters operation • Clean control cabinet • Check controls operation • Check shutdown system • Check indicator & panel lights • Check/record frequency & voltage • Perform transfer test • Inspect linkage for binding c� CONTROL SYSTEM OO GENERAL CHECKS a� MAJOR SERVICE includes LOAD BANK INFORMATION All Minor Services Repeated All Minor Services Repeated LOAD BANK TESTING CAN BE PERFORMED WITH MINOR OR MAJOR SERVICE Meets NFPA & Joint Commission requirements Test results for permanent files Simulates full load conditions Tests generator in a controlled environment Removes carbon buildup from engine Helps seat piston rings and resolves wet -stacking ADDITIONAL SERVICE OPTIONS AVAILABLE: Coolant Sampling ruei aampiing Oil Sampling System Monitoring Fuel Polishing Batteries NIX R ,hN CAT C GENERAL Af ASCO KOHLER. IN POWER. SINCE 1920. STANDARD TERMS AND CONDITIONS OF SALE These Standard Terms and Conditions of Sale ("Terms") shall, unless otherwise explicitly stated in writing by Nixon Power Services, govern all sales of goods ("Goods") or services, including without limitation repairs, maintenance, warranty repairs, or services provided pursuant to a maintenance agreement (collectively, "Services"), by Nixon Power Services ("Nixon") to the customer purchasing such Goods or Services (the "Buyer"). Special Conditions of Sale, where applicable, are included at Exhibit B, attached hereto. 1.Contract- These Terms, together with any: price list or schedule, quotation, acknowledgement, or scope of work provided by Nixon; or documents incorporated by specific reference herein or therein, constitute the complete and exclusive statement of the terms of the agreement governing the sale of Goods or Services by Nixon to Buyer. Nixon's acceptance of Buyer's authorization to proceed is expressly conditioned on Buyer's assent to all of Nixon's Terms, including terms and conditions that are different from or additional to any terms or conditions in Buyer's purchase order. Buyer's placement of an order with Nixon and/or acceptance of Goods or Services constitute Buyer's assent to Nixon's Terms. 2.Service, Repair, Maintenance- Nixon reserves the right in its sole discretion to refuse to provide service or repair. All maintenance plans exclude and do not cover or apply to rotors, stators or engine crank shafts. The cost of providing a rental generator while a permanent generator is being maintained or repaired, regardless of whether the repair is a warranty repair or a non -warranty repair or whether the service or maintenance is provided under warranty or pursuant to a maintenance agreement, and regardless of whether the service, maintenance or repair is the responsibility of the manufacturer of the Goods or of Nixon, is excluded from any service or maintenance plan or product warranty and shall be the responsibility of Buyer. Service or maintenance of any fire pump covers only the diesel engine component and no other component. Waste oil and coolant from emergency generators are hazardous materials and must be handled as such. Disposal of hazardous materials is Buyer's responsibility and done at Buyer's expense, and when handling or disposing of such materials is Nixon's responsibility, Nixon charges an additional "hazmat fee" and safely removes and recycles such materials. 3.Quotations And Published Prices- Prices quoted in writing by Nixon shall remain in effect for thirty (30) calendar days from the date of issuance by Nixon, unless withdrawn in writing by Nixon before that time expires, and may be accepted only by an unconditional authorization or purchase order from Buyer that is received and accepted by Nixon within this period. 3b. SCOPE- Nixon Power shall supply power generation equipment and any related parts, materials and/or services expressly identified in this Agreement (collectively, "Equipment"). No additional services, parts or materials are included in this Agreement unless agreed upon by the parties in writing. The Quote is based upon the assumption that the Equipment will be reasonably available and is not subject to unusual market fluctuations. In the event of unusual and/or unanticipated price fluctuations and/or shortage of materials ("Fluctuations"), Nixon Power reserves the right to adjust the estimated delivery time and/or the price to reflect such Fluctuations. Subject to the foregoing, any Quote is valid for the duration of time as listed in clarifications above and the price is firm provided drawings are approved and returned within specified dates quoted. Any delays may result in escalation charges. A Sales Order for Equipment is accepted on hold for release basis. The Sales Order will not be released and scheduled for production until written approval to proceed is received. A Quote is limited to plans and specifications section set forth in the Quote. No other sections shall apply. Additional requirements for administrative items may require additional costs. The Quote does not include off unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation or fuel, unless otherwise stated. NIXON POWER SERVICES 4.Taxes- Nixon's prices do not include any applicable sale, use, excise or similar taxes, and the amount of any such tax that Nixon may be required to pay or collect is Buyer's responsibility and will be added to Buyer's invoice unless Buyer timely furnishes Nixon with a valid tax exemption certificate acceptable to the appropriate taxing authorities. Where Buyer fails to furnish the required documentation, any unpaid sales, use, excise, or similar tax will be billed to Buyer. If at any time the appropriate taxing authority determines, for whatever reason, that an exemption certificate provided to Nixon by Buyer is invalid, Nixon will make a reasonable, good -faith attempt to acquire a valid exemption certificate, notarized affidavit of exempt use, or other necessary documentation from Buyer, and Buyer agrees to cooperate fully and promptly with Nixon in such circumstances. If Buyer fails to timely furnish a valid exemption certificate, notarized affidavit, or other necessary documentation, or fails to cooperate with Nixon, or if the appropriate taxing authority does not accept the additional documentation provided, the sales, use, excise or similar tax will be billed to Buyer. 5.Payment Terms- Unless otherwise specified by Nixon and subject to Nixon's review and approval of Buyer's credit, payment terms are net thirty (30) days from date of Nixon's invoice, payable in U.S. currency. If Buyer wishes to use a Visa or MasterCard as the form of payment, Nixon may charge a 5% convenience fee (5% of the total invoice), which Buyer agrees to pay. Nixon shall have the right to cancel or suspend any order for Goods or Services if Buyer fails to make any payments when due. Buyer shall be liable for all expenses, including attorneys' fees, relating to the collection of past due amounts. Amounts past due are subject to a service charge of the lower of one -and -a -half percent (1.5%) per month (or fraction thereof) or the maximum rate allowed by law, from the date on which they are due until they are paid, and any payments will be applied first to service charges due. Nixon reserves the right, in its sole discretion based on Nixon's determination of Buyer's creditworthiness, to require payment in advance of shipping Goods or providing Services and/or payment of a deposit before accepting and processing any order. If such cash payment or security is not provided, Nixon may refuse to accept and process Buyer's order and/or may suspend or cancel production and/or delivery of Goods or Services. Buyer hereby grants Nixon a security interest in all Goods sold to Buyer by Nixon, which security interest shall continue until all such Goods are fully paid for, and Buyer, upon Nixon's demand, will execute and deliver to Nixon such instruments as Nixon requests to protect and perfect such security interest. 6.Delivery- While Nixon will use all reasonable commercial efforts to maintain the shipping and/or performance date(s) quoted by Nixon, all shipping dates and/or performance dates are approximate and not guaranteed. Nixon shall not be bound to tender delivery of any Goods for which Buyer has not provided shipping instructions or other required information. If shipment of any Goods is postponed or delayed by Buyer for any reason, Buyer agrees to reimburse Nixon for any and all storage costs and other additional cost or expenses resulting from the postponement or delay. All shipments of Goods are F.O.B. Nixon's facility. All shipments are made at Buyer's risk. Risk of loss and legal title shall pass from Nixon to Buyer upon delivery to and receipt by carrier at Nixon's shipping point. Any claims for shortages or damages suffered in transit are the responsibility of Buyer and must be submitted by Buyer directly to the freight carrier. Shortages or damages must be identified and signed for at the time of delivery. 7.Manufacturer's Limited Warranty- The manufacturer of the Goods warrants its product(s) to be free from defects in materials and workmanship for a period of ninety (90) days, commencing on the start-up date. In the sole discretion of the manufacturer, repair, replacement, or an appropriate price adjustment will be provided by the manufacturer if, but only if, Goods are found by the manufacturer and Nixon (1) to have been and to be properly installed, operated, and maintained in accordance with manufacturer's instruction manuals; and (2) defective in materials or workmanship, within the warranty period. This warranty does not apply to defects or malfunctions caused by damage, unreasonable use, misuse, repair or service by unauthorized persons, or normal wear and tear. For more information regarding the specific manufacturer's warranty coverage applicable to the Goods, refer to the applicable Warranty Technical Publication, which will be made available by Nixon upon request. Replacement or installation of Goods, including without limitation equipment, components or accessories, which fail to provide satisfactory performance due to obsolescence or design conditions are not covered by the manufacturer's warranty or included in the manufacturer's warranty obligations. Nixon is not the manufacturer of the Goods and does not warrant the Goods in any way. NIXON B.Disclaimer Of Warranty- LIMITATION OF LIABILITY, EXCEPT AS EXPRESSLY PROVIDED IN MANUFACTURER'S WARRANTY, NEITHER MANUFACTURER NOR NIXON MAKES ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The manufacturer's obligation under its warranty, and Buyer's sole and exclusive remedy for breach of any warranty hereunder, shall be limited to repair, replacement, or price adjustment, at the manufacturer's election. Under no circumstances shall Nixon be liable for any damages incurred by Buyer or any third party that result from or arise out of: any breach of the manufacturer's warranty; or any delay in performance by Nixon or manufacturer, and the remedies of Buyer set forth herein are exclusive. In no event, regardless of the form of the claim or cause of action (whether based in contract, infringement, negligence, strict liability, other tort or otherwise), shall Nixon's liability to Buyer, its customer(s), or any other third party exceed the price paid by Buyer for the specific Goods provided by Nixon giving rise to the claim or cause of action. All reasonable efforts shall be extended in performing Services, but Nixon shall not be liable for any losses or consequential damage(s) that arise out of delays or misuse or improper use by Buyer, its agents or employees. 9.Incidental, Consequential or Punitive Damages- The term "consequential damages" shall include but is not be limited to: loss of anticipated profits; business interruption; loss of use, revenue, reputation or data; costs incurred, including without limitation, for capital, fuel, or power; and loss or damage to reputation, property or equipment. Buyer agrees that under no circumstances shall Nixon be responsible or liable for any consequential, incidental or punitive damages arising out of or relating to any purchase of any Goods or Services. 10. Technical Support- It is expressly understood that any technical advice furnished by Nixon with respect to the use of Goods is given without charge, and Nixon assumes no obligation or liability for the advice given or results obtained, all such advice being given and accepted at Buyer's risk. 11.Excuse Of Performance- Nixon shall not be liable for delays in performance or for non-performance due to acts of God, actions or inactions of Buyer, war, epidemic, fire, flood, weather, sabotage, strikes or labor disputes, civil disturbances or riots, governmental requests, restrictions, allocations, laws, regulations, orders or actions, unavailability of or delays in transportation, default of suppliers, or unforeseen circumstances, or any events or causes beyond Nixon's reasonable control. Shipments of Goods or the provision of Services may be suspended or canceled by Nixon upon notice to Buyer in the event of any of the foregoing, but the balance of any related order shall otherwise remain unaffected. If Nixon determines that its ability to supply the demand for Goods, or to obtain material used directly or indirectly in the provision of Goods, is hindered, limited or made impracticable due to any of the causes set forth in this paragraph, Nixon may allocate its available supply of Goods and/or such material, without obligation to acquire other supplies of Goods or materials, among its purchasers on such basis as Nixon determines to be equitable, without liability for any failure of performance which may result therefrom. 12.Changes- Buyer may request changes or additions to Goods consistent with Nixon's specifications and criteria. Any such request must be made in writing and is subject to acceptance in Nixon's sole discretion. In the event such changes or additions are accepted by Nixon, Nixon may revise as it deems appropriate the price(s) of Goods or the dates of shipping or performance. Nixon reserves the right to change designs and specifications for Goods without prior notice to Buyer. Nixon shall have no obligation to install or make such changes in any Goods manufactured prior to the date of such change. 13.Cancellation- Undelivered parts of any order may be canceled by Buyer only with the prior written approval of Nixon. If Buyer makes an assignment for the benefit of creditors or in the event that Nixon for any reason feels insecure about Buyer's willingness or ability to perform, Nixon has the right to cancel any open orders. In the event a request by Buyer to cancel an order is agreed to by Nixon, Buyer shall forfeit its deposit, if any, and shall pay to Nixon the reasonable costs and expenses (including without limitation engineering expenses and commitments, such as deposits, quotes, or agreements, to suppliers and subcontractors) incurred by Nixon prior to receipt of notice of such cancellation, plus Nixon's usual profit for similar work. In the event Nixon agrees to accept equipment for restocking, a minimum restocking charge of twenty-five percent (25%), based on the sales price to Buyer of said equipment, will apply. NIXON POWER SERVICES 14.Default- Upon default and placing of any invoice with an attorney for collection or repossession of Goods or related equipment or materials, Buyer agrees to reimburse Nixon for its reasonable attorney's fees and other costs, including without limitation court costs, incurred in connection therewith. 15.Buyer Acceptance- Any Goods delivered hereunder shall be deemed to be fully accepted by Buyer unless Nixon receives written notice of rejection of any such Goods within ten (10) days after the date of delivery to Buyer. 16.Regulatory Laws and/or Standards- The manufacturer takes reasonable steps to keep the Goods in conformity with certain nationally -recognized standards and such regulations which may affect them; however, Buyer understands and acknowledges that the Goods are utilized in many regulated applications and that, from time to time, standards and regulations are in conflict with each other. Nixon makes no promises or representations that the Goods will conform to any federal, state or local laws, ordinances, regulations, codes or standards, except as particularly specified and agreed upon in writing as a part of the contract between Buyer and Nixon. Nixon's prices do not include the cost of any related inspections or permits or inspection fees, all such costs to be paid by Buyer. 17.Non-assignment- No order for Goods may be assigned by Buyer, in whole or in part, without Nixon's prior written consent, which may be withheld in Nixon's sole discretion. 18.13illable Services- Additional charges will be billed to Buyer at Nixon's then -prevailing labor rates for any services not specified in Nixon's quotation or subsequent engineering submittal. If reasonable site and/or equipment access is denied by the Nixon service representative and if it is necessary, due to local circumstances, to hire a third -party contractor, Nixon service personnel will provide supervision only and the cost of such contract labor will be charged to and paid by Buyer. 19.General Provisions- These Terms supersede all other communications, negotiations and prior oral or written statements regarding the subject matter. No change, modifications, rescission, discharge, abandonment or waiver of these Terms shall be binding upon Nixon unless made in writing and signed on its behalf by a duly authorized representative. No conditions, usage of trade, course of dealing or performance, understanding or agreement purporting to modify, vary, explain or supplement these Terms shall be binding unless made in writing and signed by the party to be bound, and no modification or additional terms shall be applicable to any order simply by Nixon's receipt, acknowledgement, or acceptance of purchase orders, shipping instruction forms, or other documentation containing terms at variance with, or in addition to, those set forth herein. Any such modifications or additional terms are deemed a material alteration hereof and are specifically rejected. If this document shall be deemed an acceptance of a prior offer by Buyer, such acceptance is expressly conditioned upon Buyer's assent to any additional or different terms set forth herein. No waiver by either party with respect to any breach or default or of any right or remedy, nor any course of dealing, shall be deemed to constitute a continuing waiver of any other breach or default of any other right or remedy, unless such waiver be expressed in writing and signed by the party to be bound. All typographical or clerical errors made by Nixon in any quotation, acknowledgement or publication are subject to correction. 20.Hours of Operation- Nixon's normal business hours are from 8:00 AM to 4:30 PM, local time at Nixon's place of business, Monday through Friday. Services will be provided only during these normal business hours unless otherwise specified. Should Buyer require Services during a time other than Nixon's normal business hours, Buyer shall pay Nixon the additional overtime portion of the normal service rates. Non -holiday overtime is time -and -a -half, or the normal service rate multiplied by one -and -a -half (1.5). Holiday overtime is double time, or the normal service rate multiplied by two (2). NIXON EXCLUSIONS: The following are specifically excluded from coverage under any warranty provided by either the manufacturer or Nixon and from any scope of work provided or approved by Nixon: • All equipment, components and supporting systems NOT specifically listed on the "Equipment covered" list. • Loss of, partial failure of, or insufficient capacity of, utilities, such as, but not limited to, electrical service, open circuit breakers or fuses. • External power wiring, circuit breakers, and disconnects supplying electrical service to the listed equipment. • Refinishing, repair, replacement, cleaning, or modification of duct work louvers, cabinetry, housings, bases, mountings, foundations, supporting structures, or trim. • Any emergency freight or expediting charges. • Additional maintenance and adjustments required or requested by Buyer that are not within the scope of work agreed to by Nixon. NIXON POWER SERVICES N I4EO�N Sourcewell Price Sourcewell Price Sourcewell Dn itk Pck Department Location Site Visit V/N? Make Model SNtt kW Fuel TV Major ?%disc (-p') Minor 7%disc (Minor) 2hr LS )%disc Pri-(2hr LB) A. —I Total —.1 PM Price= $ 67,952- To: City of Fayetteville Thank you for trusting Nixon Power Services with your preventative maintenance requirements. Nixon Power Services, the World's largest Kohler Power generation distributor, announced the expansion of its authorized Kohler Product Sales and Aftermarket partnership with the acquisition of RP Power, headquartered in Little Rock, Arkansas in April, 2024. Below is a brief list of legacy RP Power customers who we are honored by their continued trust in the Nixon Teams distributed throughout the Great State of Arkansas: Arvest BankOZK Rogers City Schools Prairie Grove Wastewater Benton -Washington Regional Public Water Authority Washington County Jail James Fork Regional Water Authority � Mr Cox Communications (NWA, SE Kansas, SW Missouri) Arkansas Department of Information Services InklD 14 Arkansas State Police OW E R SERVICES Baptist Health, Conway UAMS, Little Rock St. Bernards, Jonesboro Thank you, Nixon Power Services N I XO N KOHLER. POWER SERVICES IN POWER. SINCE1920. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 221-24 File Number: 2024-437 KOHLER POWER SYSTEMS (SERVICE CONTRACT): A RESOLUTION TO AUTHORIZE A GENERATOR MAINTENANCE CONTRACT WITH KOHLER POWER SYSTEMS THROUGH NOVEMBER 22, 2026 AND ANY FUTURE RENEWAL PERIODS, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT WHEREAS, the current generator maintenance contract was awarded to Clifford Power Systems in a non-exclusive contract pursuant to Resolution 49-20 which will expire in February of 2025; and WHEREAS, the City has numerous makes and models of generators in various sizes that provide power to departments and divisions listed under the Emergency Operations Plan; and WHEREAS, Fleet Operations is looking to standardize generator power equipment and is preparing a replacement plan for all generators throughout the city to assist and support the City and the Emergency Operations Plan; and WHEREAS, a contract with Kohler Power Systems will allow Fleet to work with local vendors in Northwest Arkansas to better maintain, repair and replace the City's emergency backup power systems. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Generator Maintenance Contract with Kohler Power Systems through November 22, 2026, and any future renewal periods, pursuant to a Sourcewell cooperative purchasing contract. PASSED and APPROVED on September 3, 2024 111 Attest: ,%A 0%J1 / T�F�.S�,�'. • •lam f AYETTEV!LLE; Kara Paxton, City C erk Treasurer ��r •� %cps'• 4Qk�G kV`�P3� may,.• .•J Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 3, 2024 TO: Mayor Jordan and City Council THRU: Terry Gulley, Asst Public Works Director - Ops FROM: Ross Jackson, Jr., Fleet Operations Superintendent SUBJECT: KOHLER POWER SYSTEMS RECOMMENDATION: CITY COUNCIL MEMO 2024-437 A RESOLUTION TO AUTHORIZE A GENERATOR MAINTENANCE CONTRACT WITH KOHLER POWER SYSTEMS, THROUGH AN AUTHORIZED DISTRIBUTOR AND WITHIN APPROVED BUDGET PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT (#092222-KOH), FOR ANY NON- SCHEDULED SERVICE CALLS, RENTAL, PURCHASE, STARTUP, PREVENTATIVE MAINTENANCE AGREEMENTS, REPAIRS, DESIGN AND CUSTOMIZATION, INSTALLATION, COMMISSIONING, DECOMMISSIONING, MONITORING SERVICES AND REPURPOSING OF GENERATORS THROUGH 11/22/2026, AND ANY FUTURE RENEWALS. BACKGROUND: The current generator maintenance contract, bid 19-58 was solicited back in November of 2019 and was approved February of 2020 with resolution 49-20. This contract was awarded to Clifford Power Systems in a non-exclusive contract. That current contract and its renewals will be ending February of 2025. DISCUSSION: Fleet Operations is recommending approval of the Sourcewell Cooperative purchasing contract with Kohler Power Systems and their authorized distributors. The City has numerous makes and models of generators in various sizes that provide power to departments and divisions listed under the Emergency Operations Plan. Fleet Operations is looking to standardize Generator Power equipment just like we suggest with rolling stock vehicles and equipment. Currently we are coming up with a replacement plan for all generators throughout the city to assist and support the City and the Emergency Operations Plan. This contract will allow Fleet to work with local vendors in Northwest Arkansas to better maintain, repair and replace our emergency backup power systems. BUDGET/STAFF IMPACT: Sufficient funds are budgeted in the Fleet Operations Contract services annual operating budget. Any maintenance, repairs or generator replacements in excess of $35,000 or not within budget will come back to City Council for budget adjustment and approval. ATTACHMENTS: SRF (#3), 09-22-2022 Kohler Contract (#4), 09-22-2022 RFP/Addendums - Electrical Energy Power (#5), 09-22-2022 Proof of Publication - Electrical Energy Power (#6), 09-22-2022 Comment Review -Electrical Energy Power Generation (#7), 09-22-2022 Proposal Opening Record (#8), Proposal Opening Record (#9), 2022 Kohler Pricing (#10), Board Resolutions (#11) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 Legislation Text (479) 575-8323 File #: 2024-437 KOHLER POWER SYSTEMS A RESOLUTION TO AUTHORIZE A GENERATOR MAINTENANCE CONTRACT WITH KOHLER POWER SYSTEMS THROUGH NOVEMBER 22, 2026 AND ANY FUTURE RENEWAL PERIODS, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT WHEREAS, the current generator maintenance contract was awarded to Clifford Power Systems in a non-exclusive contract pursuant to Resolution 49-20 which will expire in February of 2025; and WHEREAS, the City has numerous makes and models of generators in various sizes that provide power to departments and divisions listed under the Emergency Operations Plan; and WHEREAS, Fleet Operations is looking to standardize generator power equipment and is preparing a replacement plan for all generators throughout the city to assist and support the City and the Emergency Operations Plan; and WHEREAS, a contract with Kohler Power Systems will allow Fleet to work with local vendors in Northwest Arkansas to better maintain, repair and replace the City's emergency backup power systems. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Generator Maintenance Contract with Kohler Power Systems through November 22, 2026, and any future renewal periods, pursuant to a Sourcewell cooperative purchasing contract. Page 1 Ross Jackson Submitted By City of Fayetteville Staff Review Form 2024-437 Item ID 9/3/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/13/2024 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A RESOLUTION TO AUTHORIZE A GENERATOR MAINTENANCE CONTRACT WITH KOHLER POWER SYSTEMS, THROUGH AN AUTHORIZED DISTRIBUTOR AND WITHIN APPROVED BUDGET PURSUANT TO SOURCEWELL COOPERATIVE PURCHASING CONTRACT (#092222-KOH), FOR ANY NON-SCHEDULED SERVICE CALLS, RENTAL, PURCHASE, STARTUP, PREVENTATIVE MAINTENANCE AGREEMENTS, REPAIRS, DESIGN AND CUSTOMIZATION, INSTALLATION, COMMISSIONING, DECOMMISSIONING, MONITORING SERVICES AND REPURPOSING OF GENERATORS THROUGH 11/22/2026, AND ANY FUTURE RENEWALS. 9700.770-1910-5315.00 Account Number Project Number Budgeted Item? Yes Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Shop Fund Project Title $ 362,100.00 $ 281,427.68 80,672.32 80,672.32 Previous Ordinance or Resolution # Approval Date: V20221130 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 092222-KOH SourcewellW. Solicitation Number: RFP #092222 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Kohler Power Systems (Kohler Company), N7650 Lakeshore Dr., Sheboygan, WI 53083 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access 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 November 22, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Rev. 3/2022 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 092222-KOH Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer used, close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily Rev. 3/2022 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 092222-KOH apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; Rev. 3/2022 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 092222-KOH • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier's employees maybe required to perform work at government - owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell Rev. 3/2022 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 092222-KOH contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: Rev. 3/2022 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 092222-KOH • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased Rev. 3/2022 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 092222-KOH by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. Rev. 3/2022 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 092222-KOH E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including reasonable attorneys' fees incurred by Sourcewell or its Participating Entities, directly arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty -free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier. b. Supplier grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, Rev. 3/2022 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 092222-KOH resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. Rev. 3/2022 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 092222-KOH 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by conditions that are beyond that party's reasonable control, including, without limitation, acts of God, acts of requests of government or governmental agencies in their non-commercial capacity, riot, or civil commotion, sabotage, accidents, fire, flood, explosion, mass shootings, damage to plants or facilities, epidemics, typhoons, quarantine, restrictions, or absence of normal means of communication or transportation, or other conditions beyond the party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev. 3/2022 10 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 092222-KOH The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for products liability -completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms Rev. 3/2022 11 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 092222-KOH no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier's professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000 —annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Intentionally omitted. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must Rev. 3/2022 12 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 092222-KOH require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self -insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier 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 Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds. Rev. 3/2022 13 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 092222-KOH A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis -Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or Rev. 3/2022 14 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 092222-KOH under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award Rev. 3/2022 15 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 092222-KOH covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre -approval. Rev. 3/2022 16 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 092222-KOH N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. 0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non -delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Rev. 3/2022 17 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 092222-KOH Sourcewell DocuSigned by: Ey 5&Wmf� By: COFD2A739D06489... Jeremy Schwartz Title: Chief Procurement Officer 11/21/2022 1 7:52 PM CST Date: Approved: �D,oncuSign((ppedA/by: 7E4288F817A64CC... By: Chad Coauette Title: Executive Director/CEO 11/23/2022 1 11:08 AM CST Date: Kohler Power Systems (Kohler Company) EocuSigned by: �", �,�By:7E9098053E446... Sean Kenefick Title: Vice President -Industrial Sales Power Systems North America 11/23/2022 1 7:56 AM PST Date: Rev. 3/2022 18 DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 RFP 092222 - Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Vendor Details Company Name: Kohler Power Systems Does your company conduct business under any other name? If Kohler Company yes, please state: N7650 Lakeshore Rd. Address: Sheboygan, WI 53083 Contact: Robi Hullner Email: robi.hullner@kohler.com Phone: 480-202-8667 Fax: 920-457-4441 HST#: 390-0402810 Submission Details Created On: Monday August 08, 2022 17:14:28 Submitted On: Friday September 16, 2022 09:04:00 Submitted By: Robi Hullner Email: robi.hullner@kohler.com Transaction #: f3b8ea4a-fbfc-4c83-bef9-bf5d464cd705 Submitter's IP Address: 104.129.198.251 Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation). Line Item Question Response* 1 Proposer Legal Name (one legal entity only): Kohler Power Systems (Kohler Company) (In the event of award, will execute the resulting contract as "Supplier") 2 Identify all subsidiary entities of the Proposer N/A whose equipment, products, or services are included in the Proposal. 3 Identify all applicable assumed names or DBA N/A names of the Proposer or Proposer's subsidiaries in Line 1 or Line 2 above. 4 Provide your CAGE code or Unique Entity 67271 Identifier (SAM): 5 Proposer Physical Address: N7650 Lakeshore Dr., Sheboygan, WI 53083 6 Proposer website address (or addresses): http://kohlerpower.com/powerhub/index.htm 7 Proposer's Authorized Representative (name, Sean Kenefick - Vice President — Industrial Sales, Power Systems North America title, address, email address & phone) (The Email: sean.kenefick@kohler.com representative must have authority to sign Phone: 630-333-5805 the "Proposer's Assurance of Compliance" on behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 8 Proposer's primary contact for this proposal Robi Hullner - Manager of Government Accounts, Power Systems (name, title, address, email address & phone): Email: robi.hullner@kohler.com Phone: 480-202-8667 9 Proposer's other contacts for this proposal, if Scott Cinealis - Senior Market Analyst, Power Systems any (name, title, address, email address & Email: scott.cinealis@kohler.com phone): Phone: 920-918-1669 Table 2: Company Information and Financial Strength Line Question Response* Item Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 10 Provide a brief history of your company, including your company's core values, business philosophy, and industry longevity related to the requested equipment, products or services. Since 1873, Kohler Co. has been improving the level of gracious living by providing exceptional products and services for our customers' homes and their lifestyles. We believe better business and a better world go together. Fueled by the passion of more than 40,000 associates worldwide, we strive to enhance the quality of life for current and future generations through design, craftsmanship and innovation. Kohler was founded by John Michael Kohler in 1873 as an iron foundry making farm tools. In 1889 Kohler started the plumbing fixture division, and in 1920 built the first modern-day generators. Kohler was the first company in the USA to offer Electric Power Plants for farms, homes, and businesses. Since then, our engines and generators have powered historic expeditions to the South Pole, construction of the Hoover Dam, Hollywood movie productions, the Eiffel Tower, and more. In 1985 Kohler expanded into interiors and hospitality businesses and the company went global. Today Kohler Company has 30+ brands globally, and there are Power Systems factories in 7 countries. Kohler owns 50+ manufacturing locations worldwide with 40,000+ associates. The company is still privately held by the Kohler family and is considered one of the largest and oldest privately held companies in the country. For over 100 years, our engines, generators, and uninterruptible power supplies (UPS) products have powered homes, hospitals, lawn mowers, stadiums, and everything in-between. In 2020 Kohler introduced the next leap forward in industrial power with the KD series generators designed to last for decades, with better fuel economy and a smaller footprint than ever before ranging from 800 to 4,000kW (4mW). Today, we're one of the world's largest power -generation manufacturers with manufacturing facilities on 4 continents and vast global sales, service, and distribution networks. No matter where you're located, you can always count on Kohler for reliable, intelligent engines, generators, and uninterruptible power supplies. Kohler Power Systems' state of the art 620,000 ft2 generator -manufacturing, product training, and test facility is found in Mosel, Wisconsin. In addition to the primary generator manufacturing facility in Mosel, Wisconsin, Kohler Power Systems recently expanded its manufacturing footprint by locating its ATS & Switchgear production in an available 400,000 ft2 facility in Kohler, Wisconsin. Kohler also manufactures diesel fuel tanks and enclosures at another 70,000 ft2 facility in Saukville, Wisconsin. Between all 3 Wisconsin -based manufacturing locations, Kohler manages an astounding 1,090,000 ft2 of total manufacturing space to support its North American customers. This is equivalent to an incredible 25 acres of world -class power systems equipment manufacturing capacity. Kohler is committed to being a best -in -class supplier and continues to invest in capital and equipment necessary to be a global producer and meet the increasing demands of its customers for generators and related equipment. In Q1, 2022 construction was completed on a 155,000 ft2 addition of the Mosel facility to further expand production capabilities. This factory expansion, which is designed primarily for large generator manufacturing, includes a world -class customer experience center. Kohler Co. and each associate have the mission of contributing to a higher level of gracious living for those who are touched by our products and services. Gracious living is marked by qualities of charm, good taste, and generosity of spirit. It is further characterized by self-fulfillment and the enhancement of nature. We reflect this mission in our work, in our team approach to meeting objectives, and in each of the products and services we provide to our customers. Kohler Co. is committed to compliance with all laws and regulations in the countries where we operate. This code is the foundation of our commitment to ethical business practices. It sets out the standards for how we interact with each other and engage in business activities globally. Kohler offers a comprehensive power portfolio that meets the increasing demands of the markets we serve. Every part of our power system is designed and engineered by Kohler. Everything works together, just as it should. Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 11 What are your company's expectations in the Kohler expects to continue to cultivate the close partnership formed with Sourcewell event of an award? over the years. A major highlight of this success has been a consistent aligning of expectations as shown by the growth in sales throughout the contract. Sourcewell sales from 2018 to 2022 YTD: 2018: $1,079,479.96 2019: $3,956,269.78 2020: $5,309,401.25 2021: $4,016,244.87 2022 (Orders August YTD): $8,284,786.19 Since receiving the Sourcewell contract, we have developed and trained a dedicated team that supports Sourcewell from all areas of the business. We plan to grow this team further by adding the Kohler Kitchen and Bath division as they are planning to pursue a separate Sourcewell contract. As a result, we have strategic plans to set up a corporate marketing campaign partnering with our Kitchen and Bath division that drives a call to action from targeted Sourcewell markets to drive sales. The markets will include both prospective and existing Sourcewell customers across the United States. Upon receipt of the award, Kohler will continue to place a strong emphasis on continued growth through Sourcewell by holding monthly dashboard meetings with Kohler's 22 distributors. In addition, we expect to continue collaborating closely with Sourcewell on marketing efforts to drive increased contract usage and growth, as well as attending Sourcewell sales accelerator meetings to educate our employees on best practices. In 2022, we set up an internal award specific to our highest performing distributor on the Sourcewell contract and plan to continue this award annually. This award highlights the strong connection we have built between Sourcewell, Kohler, and our distributor network. Kohler welcomes the opportunity to have performance/dashboard reviews on a regular cadence at Sourcewell's discretion. 12 Demonstrate your financial strength and Kohler is one of the country's largest and oldest privately held companies. Kohler stability with meaningful data. This could was ranked #57 by Forbes in 2021 in the America's Largest Private Companies include such items as financial statements, list. Kohler has continued to grow year over year in sales and has an annual SEC filings, credit and bond ratings, letters revenue of over $913. of credit, and detailed reference letters. Upload supporting documents (as applicable) Please see attached "Financial Information" for financial information including credit in the document upload section of your references and Moody's financial report. response. 13 What is your US market share for the The US market share is estimated at 20% and growing. solutions that you are proposing? 14 What is your Canadian market share for the The Canadian market share is estimated at 20% and growing. solutions that you are proposing? 15 Has your business ever petitioned for No, never. bankruptcy protection? If so, explain in detail. 16 How is your organization best described: is Kohler is best described as B below, a manufacturer/service provider. it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever Kohler Power Systems is a manufacturer of various power systems as an OEM with question (either a) or b) just below) best distribution agreements with 22 privately owned and operated distributors. These applies to your organization. distributors provide local sales and service across North America in accordance with a) If your company is best described as the Kohler Distribution Agreement Policy and Procedures. a distributor/dealer/reseller (or similar entity), provide your written authorization to act as a Distributor's sales efforts are supported by the Kohler Field Sales Team, Application distributor/dealer/reseller for the manufacturer Engineering Team, Sales Administration Team, Product Sales Training Team, and the of the products proposed in this RFP. If Kohler Management Team. Distributor Service Technicians are factory trained and applicable, is your dealer network distributor service team -leaders have completed factory certification training. independent or company owned? Distributor Service efforts are supported by the Kohler Service, Warranty, Parts, and b) If your company is best described as Training Teams. a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 17 If applicable, provide a detailed explanation Kohler is not aware of any applicable licenses or certifications required in this outlining the licenses and certifications that contract, but if required Kohler is willing to pursue. Distributors hold engineering and are both required to be held, and actually contracting licenses in the states they operate. Kohler also ensures quality through held, by your organization (including third adhering to ISO 9001:2015 certification, and adhere to ISO 14001 and 17025 parties and subcontractors that you use) in compliance, and various product certifications (UL, CSA, IBC, NFPA, EN). pursuit of the business contemplated by this RFP. 18 Provide all "Suspension or Debarment' Not applicable, Kohler has not received any suspension or debarment letters. information that has applied to your organization during the past ten years. Table 3: Industry Recognition & Marketplace Success Line Question Response Item Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 19 Describe any relevant industry awards or - 2017, Kohler KIDseries awarded for category innovation: recognition that your company has received The KOHLER KD1000 industrial generator, powered by Kohler's own KIDSeries in the past five years large diesel engine, was recently singled out in a new product competition held in conjunction with MCEE 2017, the largest trade show and conference for the plumbing, hydronics, HVACR, electrical and lighting industries in Canada. -2018, Kohler KID Series recognized as product of the year: The KOHLER KID Series, the company's highly regarded lineup of large diesel industrial generators, has been recognized as a 2018 Product of the Year by readers of Consulting -Specifying Engineer magazine. The publication's annual Product of the Year competition identifies the best new products in twelve key industrial categories and then lets readers vote for their favorites. This year, the KOHLER KID Series was recognized with a Gold Award — the top level of recognition — in the Emergency, On -Site, and Standby Power category. -2020, Kohler gaseous powered industrial generator recognized as "product of the year" by leading trade publication: The KOHLER KG Series gaseous -powered generators has been recognized as a 2020 Product of the Year by readers of Consulting -Specifying Engineer magazine. The publication's 16th annual Product of the Year competition identifies the best new products launched between Jan. 1, 2019, and March 31, 2020, in 11 key industrial categories and then invites its professional readership to vote for their favorites. This year, the KOHLER KG Series gas generators at 80kW, 100kW and 125kW Series was recognized with a Silver Product of the Year Award in the Power Systems & Equipment category. The recognition is Kohler's second award in three years from Consulting -Specifying Engineerafter winning gold for the KID Series generator line in 2018. -2021, Kohler Power wins business intelligence group's sustainability product of the year award: Kohler Power, the data center industry's global power partner, announces that it has been named to The Business Intelligence Group's 2021 Sustainability Awards program, securing the Sustainability Product of the Year award. The Sustainability Awards honor people, teams and organizations who have made sustainability an integral part of their business practice or overall mission. Kohler was named a Sustainability Product of the Year winner for its Kohler Tier 4 Final KID Series Generator, an industrial -grade, diesel -powered generator that provides backup power for large hyperscale and regional global data centers. As the amount of data being created increases, the number of worldwide data centers will grow to support that demand. With that comes the increased need for reliable backup power — and an increasingly acute demand for power solutions that reduce environmental impacts wherever possible. -2022, Kohler Co. wins mission critical 2022 top tier products for generators: As the amount of data being created increases, the number of worldwide data centers will grow to support that demand. With that comes the increased need for reliable backup power — and an increasingly acute demand for power solutions that reduce environmental impacts wherever possible. Kohler's Tier 4 Final KID Series Generator provides a key advantage, resulting in minimal maintenance demands for optimized continuity and maximized ease for users — all while meeting strict EPA -controlled sustainability requirements. -2022, Kohler Co. ranks in top 10 for 2022 fast company's best workplaces for innovators: Fast Companytoday announced its fourth annual Best Workplaces for Innovators list, honoring organizations and businesses that demonstrate a steadfast commitment to encouraging innovation at all levels. Kohler Co. is listed No.10 on the 100 Best Workplaces for Innovators list, named the winner of Fast Company's 2022 Best Workplaces for Innovators Sustainability list and a finalist on the Large Companies list. -2022, Kohler Power named to data center magazine's list of top 10 power supply and management companies: Kohler Power, the data center industry's global power partner, recently received international recognition for the critical role it plays in keeping data centers operational. Data Centre Magazine, a leading voice for the global big data and cloud industry, recently awarded Kohler Power the top spot on its list of Top 10 Power Supply and Management Companies. 20 What percentage of your sales are to the Based on total sales approximately 20%. governmental sector in the past three years 21 What percentage of your sales are to the Based on total sales approximately 15%. education sector in the past three years Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 22 List any state, provincial, or cooperative Kohler does not directly hold any agreements with local or state governments, purchasing contracts that you hold. What is however most cooperative purchasing agreements are held and managed by Kohler the annual sales volume for each of these authorized distributors. contracts over the past three years? 23 List any GSA contracts or Standing Offers GSA MAS Contract number GS-07F-019DA generating multi -million dollars annually and Supply Arrangements (SOSA) that you each year. hold. What is the annual sales volume for each of these contracts over the past three years? Table 4: References/Testimonials Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name * Contact Name * Phone Number* The Town of Amherst Water Utility Rust Coombs 413-259-3163 Rathbun Regional Water Association Inc. — Water Treatment at Centerville, IA. Rod Witt 641-647-2416 Central Arkansas Water Treatment located at Ozark. Jim Ferguson 501-377-1298 Table 5: Top Five Government or Education Customers Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type * State / Scope of Work * Size of Transactions * Dollar Volume Past Three * Province' Years Restricted Government Maryland - MD Due to classification status, Due to classification > $20,000,000 ($20M) cannot be shared. status, cannot be shared. FAA Government Maryland - MD Kohler generators and related Large IDIQ contract >$38,000,000 ($38M) equipment have supported the consisting of several FAA for over 15 years providing orders annually over 15 backup power across 23 sites years. within the United States. GSA Government Maryland - MD GSA Contract # GS-07F-019DA Various generators, $3,300,000 ($3.3M) transfer switches, and switchgear ranging in size and scope. NOAA Government Missouri - MO Backup generators supporting the Over 100 backup $1,500,00 ($1.5M) National Weather Service's generators to support programs across the United various NOAA sites. States. Sourcewell Government Minnesota - MN Various generators, transfer Several orders by $17,610,432.31 ($17.6M) switches, and services under Sourcewell customers Sourcewell contract #120617-KOH from 2020 to 2022 ranging in various sizes. 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. Item Question Response* Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 26 27 Sales force. In North America, Kohler's 22's distributors employ over 300 field sales personnel that support customers 24/7/365 managing projects from cradle to grave. These field sales employees work closely with design/consulting engineers, general contractors, electrical contractors, and most importantly the end user to tailor custom solutions for their clients. Our distributors receive continuous improvement training on Kohler products and services and have access to the same technical information that our employees have at the factory level. Using a data driven approach, our distributor sales force are experts in communication and have developed a proven process to deliver solutions that go above and beyond customer expectations. Dealer network or other distribution methods. Our distributor sales force is strongly supported by the Kohler field sales team consisting of dedicated account managers, sales directors, and regional sales managers in each distributor region. Within this high performing team, Kohler has engineering sales managers who work closely with our distributor sales force to answer technical questions and provide continuous training to ensure our distributors are up to date on Kohler products. Our sales force ensures total customer satisfaction before, during, and after the sale and maintains that satisfaction over the entire life of the product. We differentiate ourselves from our competitors by providing gracious customer service experiences and ensuring that our customers are our number one focus. In addition, we hold monthly meetings specific to government sales led by our dedicated Sourcewell account manager, and our own sales force and distributor sales force are educated specifically on Sourcewell and how to identify new customers and grow relationships with existing members. For more information about our distributor network, please see the attachment "Industrial Distributor Directory, G1405" in the additional documents section, and the "Kohler Proven Process" attachment. Kohler holds a global presence of over 800 distributors and 10,000 dealers. In the United States and Canada alone our distributor and dealer network contain: -18 USA distributor headquarters -56 USA distributor branches -204 USA industrial dealers -4 Canada distributor headquarters -5 Canada distributor branches -22 Canada industrial dealers -2,000 residential dealers As described in the earlier question, Kohler's distribution network provides 24/7/365 support to all Kohler customers and is within 4 hours of even the most remote locations. We partner closely with our distributors and support their efforts in selling, promoting, and servicing all Kohler products and services. We provide our distributors with all the tools necessary to gain a comprehensive understanding of our products and services. Our distributors concentrate on their area of responsibility and are knowledgeable about local regulations within their area of responsibility, which is critical for Sourcewell customers. Our distributor network regularly attends training and meetings with Kohler to ensure they are up to date with Kohler products and regulations. We view our distributors and dealers as part of the Kohler family, and work closely with them to ensure that our customers are satisfied. Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 28 29 Service force. Kohler has a nationwide dedicated service team that is available 24/7/365 that prides itself on providing a gracious experience for our customers. Kohler customers have the assurance of 24/7 emergency service and responsive aftermarket support. Certified and regularly trained, our factory -based technicians are always ready to offer post installation troubleshooting, advice, service, and support. All Kohler distributor technicians are certified in power generation, not just engines. Describe the ordering process. If orders will be handled by distributors, dealers or others, explain the respective roles of the Proposer and others. Our service team provides: -24/7 availability -After market support -Installation/startup -Post sales service -Parts support -Repairs and overhaul -Training and documentation -Testing and commissioning -Supervision -Hands on technical support -Warranty support -Remote monitoring and diagnostics -Cost effective service plans 100% of our service territory is covered by a Kohler certified technician within a maximum 4-hour radius as part of our distributor agreement. Our distributor network has access to complete inventories of Kohler genuine parts, and are factory trained technicians who have been fully vetted and rigorously tested to provide the level of customer support we expect. Our distributors are required to complete an extensive training process to become subject matter experts for our products. Our service team provides world -class customer service. We are 100% self -servicing and certified to service and repair all the products sold. The ordering process for Sourcewell will mirror the current process Kohler has successfully implemented on the contract. Kohler will leverage its distributor network to work closely with the end user to develop a custom quote to meet the customer's specification based on the location of the Sourcewell customer. A dedicated Kohler Sourcewell account manager will work closely with the distributor to correctly identify/code the Sourcewell order so the proper discounts are applied, and that the administrative fee is appropriately captured. In addition to the equipment, the distributor will be able to quote any additional services requested by the customer, which will be broken out as separate line items identified as services. Each quote will clearly identify the Sourcewell member discount in a manner that is easily understood by the customer, so that all parties have visibility to the discount. The Kohler distributor will convert the quotation into a purchase order (PO) via an electronic system, and Kohler will acknowledge the PO with an estimated ship date so that the distributor can relay this information to the Sourcewell member. All Sourcewell quotations and POs will have the appropriate Sourcewell contract number on it and will be closely monitored by the Kohler account manager to ensure compliance of the contract. Kohler's internal business system allows us to easily search each month/quarter for reporting and auditing purposes. All Kohler distributors have a dedicated Sourcewell point of contact who will handle supplying order updates and answering inquiries from the Sourcewell member. Finally, Kohler has a website URL dedicated to assist end users find the right distributor, and a dedicated Kohler point of contact to help with any questions with this process. Kohler's Sourcewell account manager will also be available to guide existing and prospective Sourcewell members through any questions that may arise. Link to distributor locator: https://koh lerpower. com/e n/generators/i nd ustrial/d istri butor-locator Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 30 Describe in detail the process and Our customer service team is available 24/7/365. We understand the importance of procedure of your customer service maintaining a proper emergency electrical standby power system to protection against program, if applicable. Include your property loss and life safety operations during emergency situations resulting from a response -time capabilities and blackout. Kohler distributors have service technicians on -call 24/7/365. Response time commitments, as well as any incentives is typically less than 2 - 4 hours, even in remote parts of the country as many that help your providers meet your stated technicians operate remotely from the offices so they can respond faster when service goals or promises. needed. The after -sales support portion of our business is important to Kohler and its distributors. Kohler has a vast comprehensive network of authorized distributors across North America to offer sales and service support for Sourcewell members at all stages of a project. Each distributor must have an appropriate number of qualified technicians located in the correct locations to help minimize travel time as well as provide a quick response time. Kohler Power Systems has a dedicated phone line (1-800-544-2444) to redirect calls to the local distributor for the fastest possible response time. 31 Describe your ability and willingness to Kohler is eager to continue supplying products and services to current and provide your products and services to prospective Sourcewell entities in the United States. Since first becoming a partner Sourcewell participating entities in the of Sourcewell in 2018, we have made Sourcewell a key strategic business initiative, United States. and the results have been remarkable. Sourcewell sales are closely tracked and reported monthly in our meetings with distributors, and part of our scorecard process is dedicated to Sourcewell. Kohler is dedicated to its partnership with Sourcewell to support state governments, local governments, and education by helping entities save time and money by using the Sourcewell contract vehicle. 32 Describe your ability and willingness to Like the response for North America, Kohler and our Canadian distributors are ready provide your products and services to to continue supporting products and services to Sourcewell participating entities in Sourcewell participating entities in Canada. Canada. Our Canadian distributors receive the same level of training and education regarding Sourcewell that our US distributors receive, and we specifically tailor their scorecards for the Canadian market. We work closely with our distributors in Canada to educate them on Sourcewell/Canoe and look forward to continuing this relationship. 33 Identify any geographic areas of the United N/A - Kohler can sell to and service all 50 states and 10 providences of Canada. States or Canada that you will NOT be fully serving through the proposed contract. 34 Identify any Sourcewell participating entity N/A - Kohler is proposing all parts of RFP #092222 "Electrical Energy Power sectors (i.e., government, education, not -for- Generation Equipment with Related Parts, Supplies, and Services" except for Ground profit) that you will NOT be fully serving Power Units. Everything contained in this proposal is available to all entity sectors through the proposed contract. Explain in with no restrictions to the participating entity sectors. detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 35 Define any specific contract requirements Kohler and two distributorships can serve Alaska, Hawaii & US territories along with or restrictions that would apply to our local authorized dealer with the same level of service as the continental US and participating entities in Hawaii and Alaska Canada. and in US Territories. Table 7: Marketing Plan Item Question Response* Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 36 Describe your marketing strategy for Kohler has a dedicated website that advertises Sourcewell and Canoe promoting this contract opportunity. (https://kohlerpower.com/en/generators/industrial/cooperative-purchasing). We consistently post Upload representative samples of your on social media regarding our partnership with Sourcewell, and have brought Sourcewell marketing materials (if applicable) in marketing material to trade shows as well as distributor headquarters openings. Our the document upload section of your distributors have Sourcewell information on their websites, and consistently post about response. Sourcewell opportunities. We have trained our sales force to advertise Sourcewell by encouraging end users to sign up as members, highlighting how simple it is to become a member and the benefits of doing so. The effectiveness of this approach is highlighted by our rapid sales growth on the contract from 2018 to 2022, and we expect to further continue this growth in 2023 and beyond. In 2022 Kohler launched a pilot that consisted of a joint marketing campaign using digital data between TAW, Kohler, and a third -party marketing agency to target potential Sourcewell customers. This pilot will be expanded in 2023 to all 22 distributors based on the success we have seen resulting from this campaign. Our sales force and marketing teams are well versed in promoting Sourcewell to new and existing customers. We have plans in 2023 to launch a corporate marketing campaign partnering with Kitchen and Bath that drives a call to action from targeted markets to drive sales through both contracts if awarded specifically targeting prospective and existing Sourcewell customers. Please see attached "Marketing Plan Examples" for examples of Sourcewell related marketing that Kohler and our distributor network has created specific to Sourcewell. 37 Describe your use of technology and As mentioned in the earlier question, Kohler recently launched a pilot that used digital digital data (e.g., social media, data to drive growth specifically on the Sourcewell contract. We plan to expand this metadata usage) to enhance campaign across all 22 distributors in 2023 and set up a corporate marketing campaign marketing effectiveness. leveraging technology and digital data to enhance our marketing effectiveness. 38 In your view, what is Sourcewell's role in promoting contracts arising out of this RFP? How will you integrate a Sourcewell-awarded contract into your sales process? Kohler is active in all forms of social media, and all Kohler distributions have their own websites that are linked to the http://www.kohlerpower.com website. It is also a requirement on our distributor scorecard that our distributors are actively promoting and marketing Sourcewell on their websites and/or social media. Kohler has developed a sizing program in our "Power Solutions Center" that is available online to customers to help spec and size their power system, and provides them with technical and pricing information at the click of a button. https://kohlerpower.com/en/generators/industrial/sizing-program Links to social media: Linkedln: KOHLER Power — Generators (14,586 followers) https://www.linkedin.com/showcase/kohlerpower/ Twitter: KOHLER Power — Generators (6,961 followers) https://twitter.com/KOHLERPower YouTube: Kohler has 12 feature specialized channels. https://www.youtube.com/channel/UC2iCsEGEaaPRAFOWVVKIGOg Facebook: Kohler Power — Generators (338,266 followers) https://www.facebook.com/KOHLERPower/ PowerSource E-newsletter — featured articles and stories are sent monthly to anyone that signs up. All Sourcewell members and prospective members would be eligible for this newsletter. Sourcewell has grown from a small, local purchasing cooperative to a national leader in public contracts. This growth is attributed to Sourcewell's focus on helping its members reduce time and money spent on acquiring goods and services. Kohler views Sourcewell's role in promoting contracts as a close partnership with Kohler to collaborate and launch Sourcewell specific material to current and prospective customers. Sourcewell has proven to be a trusted advisor to Kohler in helping establish consistent mutual growth on the contract, and we look forward to growing this relationship. Both parties play an integral role in working together to promote the Sourcewell contract, and the success is shown by Kohler's continued growth since being awarded the contract. Kohler has fully integrated the Sourcewell contract into its sales process shown by the rapid sales growth from 2018 to 2022, and the close partnership built with Sourcewell over the years. To ensure this success continues, we will conduct a "refresh training" course with all distributors and internal staff supporting Sourcewell. Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 39 Are your products or services Due to the highly engineered and customized products we offer, e-procurement is not available through an e-procurement conducive to a gracious customer experience. However, all orders that our distributors ordering process? If so, describe your receive are handled using an electronic ordering system providing complete visibility to e-procurement system and how order status. As mentioned in a previous response, we do have an online sizing program governmental and educational available that customers can use to spec and size generator requirements that provides a customers have used it. hassle -free estimate and technical info. This information can quickly be turned into a quotation or purchase order after review by the Kohler team. Table 8: Value -Added Attributes Item Question Response 40 Describe any product, equipment, Product, equipment, maintenance, and operating training are key services that Kohler and maintenance, or operator training our distributors provide that are unique to each customer requirement. During the programs that you offer to startup/commissioning process our technicians are available to train end users on our Sourcewell participating entities. products, and though these trainings are standard and optional they are provided at an Include details, such as whether added cost aligned with the 5% discount Kohler is proposing described later in the proposal. training is standard or optional, who provides training, and any costs that apply. 41 Describe any technological -Kohler is the first generator manufacturer to offer factory direct Hurricane -Rated Enclosures advances that your proposed on our industrial stationery gas and diesel generators. Kohler meets both ballistic and wind products or services offer. load certifications per the Florida Building code requirements and 185 mph wind load rating to protect your generator from hazardous weather. -AMP603 generator controller is an intelligent, touch screen database loaded with all the generator information (and controls) you need. Whether you want to customize your screen navigation, download data for deeper analysis or parallel with load and generator management, this controller offers it all. It also continuously monitors and manages operating conditions to protect your generator from damage and ensure ultimate reliability, flexibility, and performance. See "APM 603 G12525' for more detailed information. -eFRAME Enclosure — Kohler has designed a range of enclosures specifically geared to accommodate Kohler generators. This allows for complete customization with the luxury of shorter lead times. The eFRAME walk-in enclosure is ideal for mission critical applications including data centers, water utility, and healthcare facilities. It has a custom -designed modular enclosure that is easily accessible for service without having to disconnect the generator, and has four external lifting eyes for easy site installation. The exterior is fade, scratch, and corrosion resistant. For more information please see "eframe enclosure g12545" attachment. -Paralleling Box — the mobile paralleling box allows the connection of 2 generators to one distribution bus. It provides contactors to connect to and disconnect from the bus, eliminating the need for motorized breakers for each generator set. Up to 4 boxes and 8 generators can be connected to single distribution bus. This helps provide redundancy in case a single generator fails allowing the remaining generators to pick up the load. It also allows multiple generators to be paired together to increase your kW output. See "mobile p- box" attachment for more information. -Paralleling Switchgear- Kohler paralleling switchgear systems are designed to manage your power needs by carefully monitoring and adjusting the load between generators that have been installed to work in tandem. As switchgear technology continues to advance, Kohler leads the charge with product enhancements keeping your system current, so you have reliable power that can be easily serviced. Our upgrades use the latest programmable logic control (PLC) and human interface (HMI). Upgraded system with a new PLC updated software for a more efficient and robust operation allows for acceleration of troubleshooting should the need arise. For more information reference "G12542 Paralleling Switchgear Upgrades". -KD Series, EPA Certified Tier 4 Final, No DPF (Diesel Particulate Filter). No DOC (Diesel Oxidation Catalyst). With only an SCR (Selective Catalytic Reduction), we have removed all those complicated aftertreatment specifications. Not only that, since these generators are built for prime power and peak shaving, your clients can save big on utility bills. It also allows greater flexibility for installations. This product won the 2021 Sustainability Award and is built for the most critical jobs on earth. For more information see the "KD Series Spec g12506" attachment. -Kohler gaseous generators ranging from 25-1300kW are tailored and targeted to your specific job requirements. Unlike most generator models, every Kohler generator is designed to work precisely for standby, prime, or continuous applications. Every model is available EPA -certified to meet operational requirements on pipeline natural gas. For more information see "G12349 Gas Generators" attachment. Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 -HVO is made from waste products and residues such as vegetable oils, animal fats, and used cooking oils. It is 100% fossil -free and 100% recycled, and can reduce carbon emissions from your mission -critical power systems by up to 90%. Our generators are fully compatible with HVO and can be mixed in engines with diesel with no impact on performance; so, it is not just mission critical, it is planet critical too. For more information visit: https://hvo.kohlerpower.com/ -Our automatic transfer switches (ATS) have a new line of electrically operated bypass - isolation transfer switches that are designed to interface with KOHLER generators and paralleling switchgear. The new line of electrically operated bypass -isolation transfer switches, available as standard (KAS) and programmed (KAP) transition configurations, features advanced, single -touch controls allowing users to transfer critical loads between power sources. -In January of 2022 Kohler acquired Curtis Instruments, a leading electrification partner to OEMs across a broad range of markets. Curtis' product portfolio spans motor speed controllers, HMIs and instrumentation, power conversion, CAN modules and other accessories. With a deep roster of talent across five engineering centers, Curtis also develops advanced IOT solutions for its customers. The acquisition expands and diversifies Kohler's power portfolio by leveraging Curtis' electrification expertise with Kohler's well - established gasoline and diesel engine business to best serve off -highway OEM customers. -In 2022 Kohler also acquired Heila Technologies, a modular energy platform designed to advance a more modern, cleaner energy supply by simplifying the integration, operation, optimization and scale -up of DERs. Its decentralized system provides unparalleled automation and modularity, dramatically reducing system complexity and cost while increasing resiliency and reliability. 42 Describe any "green" initiatives Kohler's growth and success since its founding in 1873 have been built on a solid that relate to your company or to foundation of honest and fair behavior and a culture of ethical leadership. As a dynamic your products or services, and and purpose -driven company, we stay focused on controlling what we can by practicing our include a list of the certifying mission, abiding by our guiding principles, and making sure we do all we can to leave the agency for each. world a better place. Kohler ranked 45th in the EPA's green Power Partnership list of largest consumers of renewable power in 2021, with 100% of the electricity for US and Canada operations coming from renewable sources such as wind and solar. For information on Kohler Co's 2021 environmental, social, and governance report please visit the following URL: https://kohler.dirxion.com/BelieveInBetter/KohlerCo-2021-Environmental-Social-Governance- Report/1 / In 2022, Kohler announced the offering of mission -critical diesel generators is compatible with Hydrotreated Vegetable Oil (HVO), marking a significant breakthrough in the usage of alternative fuels in backup power. HVO is made from waste vegetable oils and other feedstocks, provides a high -quality slot -in alternative to fossil diesel that can reduce carbon emissions by up to 90%. It is a liquid fuel that can be used in existing infrastructure, such as mission -critical generators, without any modifications. And it has complete blending compatibility with fossil diesel, providing end -users with total flexibility in their operations meaning that you can mix the two or use either/or as fuel. For more information visit: https://hvo.kohlerpower.com/ Please see "Kohler Co 2021 Environmental Social Governance Report" attached for more details and HVO sell sheet in the additional documents section. 43 Identify any third -party issued eco- We are committed to leaving the world a better place than we found it and are working labels, ratings or certifications that toward net zero environmental impact by 2035. For us, this means reducing or offsetting all your company has received for greenhouse gas emissions for Kohler operations (scope 1 and 2) and sending zero solid the equipment or products waste to landfill; developing innovative energy- and water -saving products and encouraging included in your Proposal related people to act. See the report below for more details. to energy efficiency or conservation, life -cycle design https://kohler.dirxion.com/believeinbetter/KohlerCo-2021-Environmental-Social-Governance- (cradle-to-cradle), or other Report/1/ green/sustainability factors. 44 Describe any Women or Minority Kohler is considered a large business but most of our distributors are considered small Business Entity (WMBE), Small businesses. In addition, we partner with 2 companies: Business Entity (SBE), or veteran Native Instinct - SDVOSB (CVE) owned business certifications that OLB Associates LLC - Woman Owned Small Business (WOSB) your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 45 What unique attributes does your What makes Kohler unique is our obsession to supply resilient mission -critical power, but to company, your products, or your do so innovatively, responsibly, and sustainably. Unlike many of our competitors, Kohler is a services offer to Sourcewell privately held family business that has been in operation for over 150 years, and our participating entities? What makes customers can expect to be treated as such. We are the only company that is solely your proposed solutions unique in dedicated to power. Our product offering will continue to adapt to the regulatory and your industry as it applies to environmental changes of the market. Sourcewell participating entities? We have the designers, engineers, and vision to deliver constant innovation in mission - critical power generation. Our customers are our #1 focus, and our distributors are a direct extension of the Kohler family that are experts in selling and servicing our products. Unlike some of our competitors who are large public firms, we reinvest more than 90% of our earnings into our private family -owned business. We pride ourselves in product development and customer service in supplying a gracious experience for our customers. We have evolved from a power generator company to developing new products such as battery storage, microgrids, fuel cells, and other renewable energy products to serve our customers' power resiliency needs. There is no job that is too big or too small, and we will work with the customer during every step of the process. Government agencies, public and private schools/colleges, tribal government, and nonprofit organizations have relied on Kohler over the last 100 years. We are a turnkey solutions provider that can engineer, procure, and integrate power systems. From first contact through planning, project execution to maintenance, Kohler provides you with complete end -to -end support. Our dedicated project team assesses your project scope, requirements, and challenges, and supplies full support and transparency throughout every stage of the project. By working closely with you, we ensure that your project is equipped with reliable, custom - designed power systems tailored to your specifications and budget. Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Item Question Response* 46 Do your warranties cover all products, parts, and Yes, our standard warranty covers all products, parts, and labor. We offer labor? warranties ranging from 1 year up to 10 years. For more information on warranty, please see the attachments under the warranty information. The ZIP file attached "Warranty Policy and Procedures" has all relevant warranty info. TP5180 — Warranty Policies and Procedures TP5374- Stationery and Prime Power Warranty TP5820- Warranty Program Features TP6170- Industrial Trailer Mounted 47 Do your warranties impose usage restrictions or Yes, warranties are available ranging from 1-year/2000 hours, whichever other limitations that adversely affect coverage? occurs first through optional 10-year warranties. Per EPA (Environmental Protection Agency) laws Stationary Emergency Power Systems can only be operated while a reliability utility is out of specification plus up to 100 hours/year for maintenance and readiness testing. For Stationary Non - Emergency and mobile diesel powered (CI) units EPA T4 Certification is required, or EPA certified (SI) Gas engines need to be used. These restrictions do not necessarily affect the warranty but misuse/application of EPA law is illegal. Start-up must be performed by Kohler Distributor, Dealer or Authorized Representative within 24 months of shipment. For more detailed information, please see the ZIP file attached in the warranty information section. Please see TP5374 mentioned in previous response, as well as TP5820 "Industrial Generator Set Limited Warranties" that provides more details on the various warranty options. 48 Do your warranties cover the expense of Yes, the standard warranty includes up to 150-, 200- or 300-miles round trip technicians' travel time and mileage to perform with travel time included depending upon the product category and covers warranty repairs? the expenses of technicians travel time and mileage to perform warranty repairs. The ZIP file mentioned previously has all relevant information. 49 Are there any geographic regions of the United We have service available in all regions supported by the Kohler service States or Canada (as applicable) for which you team and distributor service network. Sourcewell entities will be provided cannot provide a certified technician to perform service for warranty repair from our distributor network supported by the warranty repairs? How will Sourcewell Kohler service team at the factory. The local distributor in the Sourcewell participating entities in these regions be provided entity's location will be the primary point of contact for service issues, and if service for warranty repair? any issues arise the dedicated Sourcewell account team from Kohler is there to help available 24/7/365. 50 Will you cover warranty service for items made by Everything included in the Kohler proposal is covered by a Kohler warranty other manufacturers that are part of your proposal, as Kohler is the manufacturer of these parts. There are no third -party items or are these warranties issues typically passed on included in the Kohler proposal. If other items are negotiated between the to the original equipment manufacturer? Sourcewell member and local Kohler distributor, warranty on those items will be by other coverage not applicable in this agreement/proposal. 51 What are your proposed exchange and return Exchange program is explained in the Kohler warranty statement, at the programs and policies? discretion of Kohler Co., defective product will be repaired or replaced. Due to the size and customization of each product for a specific application, returns are treated the same. Typically, damaged, or defective product is promptly repaired in the field at site by the local Kohler distributor and if needed with factory help. Please refer to the attached ZIP file in the warranty section for detailed information. 52 Describe any service contract options for the Kohler distributors provide and renew service contracts every day for Kohler items included in your proposal. Power Systems products. Contracts are tailored to meet customer needs/budgets such as annual, semi-annual, or quarterly visits. Some also include annual load bank testing, fuel polishing and fuel delivery services unique to each customer. Kohler is offering a 5% discount on these services to Sourcewell members discussed later in the proposal. Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 Table 10: Payment Terms and Financing Options Line Item Question Response* 53 Describe your payment terms and accepted payment Traditional payment terms are net 30. POs will come from methods. Sourcewell members to the local Kohler distributor, and as such the terms will be detailed on each quote/order. Kohler and its authorized distributors understand that terms can vary from project to project depending on scope of work and can be flexible to support end user requirements. 54 Describe any leasing or financing options available for use Kohler does not offer such programs; however, Kohler distributors by educational or governmental entities. may be able to assist Sourcewell members with leasing or financing options depending on the scope of work under the services category of products offered. 55 Describe any standard transaction documents that you We have a standard process and template that we use to ensure propose to use in connection with an awarded contract that Sourcewell members receive the correct discount, and that the (order forms, terms and conditions, service level administrative fee is captured. Attached is a sample of the agreements, etc.). Upload a sample of each (as Sourcewell pricing template that we provide to our distributors. The applicable) in the document upload section of your pricing template contains the Sourcewell contract number, logo, and response. discount clearly highlighted to the customer. You can see the Sourcewell contract number at the top of the document. All documentation is provided to Sourcewell members through our distribution network who provide their own unique documents to the Sourcewell members. Please see, 'Blank Sourcewell Copy Template" for an example. 56 Do you accept the P-card procurement and payment Sourcewell orders are fulfilled through our distributor network. Our process? If so, is there any additional cost to Sourcewell authorized network of distributors can accept p-cards or credit cards participating entities for using this process? as a form of payment, with an average transaction fee of 2% to the customer. Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item Question Response* 57 Describe your pricing model (e.g., line -item discounts or To ensure Sourcewell members can easily procure products at product -category discounts). Provide detailed pricing data competitive discounts, Kohler is offering a simplified discount model (including standard or list pricing and the Sourcewell that will be easily understood by the Sourcewell member. Due to discounted price) on all of the items that you want the customizable nature of the products involved, Kohler is providing Sourcewell to consider as part of your RFP response. If a discount off the configured list price. Freight, start-up, training, applicable, provide a SKU for each item in your proposal. and maintenance agreements will be considered services. The Upload your pricing materials (if applicable) in the discounts offered to Sourcewell members are better than what is document upload section of your response. widely available to non-members. Kohler does have the ability to offer additional discounts on a case -by -case basis to Sourcewell members. We are offering the following discount percentages off configured list price: -30% for gaseous generator products -32% for diesel generator products -30% for industrial ATS (automatic transfer switch) -30% for residential products -5% off list price for services The attached document titled, "Kohler Sourcewell Pricing 2022" holds further details on the products and services offered. Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 58 Quantify the pricing discount represented by the pricing The product pricing that Kohler is proposing is a discount proposal in this response. For example, if the pricing in off "configured list price" due to the customizable nature of the your response represents a percentage discount from products offered in this proposal. The discount off configured list MSRP or list, state the percentage or percentage range. price will be taken off the final bill of material once configured by the Kohler distributor and confirmed by the Kohler account manager following the proposed discount structure below. For services Kohler is proposing a 5% discount off list price. -30% for gaseous generator products -32% for diesel generator products -30% for industrial ATS (automatic transfer switch) -30% for residential products -5% for services The attached document titled, "Kohler Sourcewell Pricing 2022" holds further details on the products and services offered. 59 Describe any quantity or volume discounts or rebate These discounts and rebates are considered on a case -by -case programs that you offer. basis because in Kohler's experience most projects typically involve just one electrical power system. In cases where multiple systems are quoted/purchased at the same time, Kohler will review the opportunity and give a one-time consideration to provide an extra discount to the customer. If multiple units are purchased Kohler can consolidate freight to minimize cost for the end user. Rebate programs are not typical in this product line/industry as most customers purchase one or less electric power systems per year, however if larger volumes are purchased, we will review a volume discount on a case -by -case basis. 60 Propose a method of facilitating "sourced" products or Sourced, open market, or nonstandard options will be priced and related services, which may be referred to as "open fulfilled by the local Kohler authorized distributor per the Sourcewell market" items or "nonstandard options". For example, you discount schedule off list price at a 5% discount to Sourcewell may supply such items "at cost" or "at cost plus a customers. Some of these items can include fuel, storage tanks, percentage," or you may supply a quote for each such testing/permits, service contracts, rental equipment, and parts. request. 61 Identify any element of the total cost of acquisition that is Kohler does not automatically include freight costs at time of bid. NOT included in the pricing submitted with your response. Sourcewell members can request a Kohler preferred carrier freight This includes all additional charges associated with a quote through their distributor if they wish. If Sourcewell members purchase that are not directly identified as freight or can obtain freight at a lower rate, Kohler will mark the order as shipping charges. For example, list costs for items like pre- customer pick-up, FOB origin. delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such Installation is performed by others due to coordination involving 3rd costs and their relationship to the Proposer. parties (i.e., architect, engineers, general contractors, and sub- contractors) to ensure building codes and inspections are met. Installation, supervision, start-up, and training will be quoted by the Kohler distributor and listed as separate line items as a service aligned with the 5% discount proposed. 62 If freight, delivery, or shipping is an additional cost to the Freight is quoted FOB Sheboygan, WI, 53083. Freight cost is Sourcewell participating entity, describe in detail the determined by the size of the equipment and the shipping method complete freight, shipping, and delivery program. required. The smaller product can be shipped by LTL (Less Than Truckload), whereas larger product requires specialized trailers such as drop deck, double drop, and low -boys, and can even require multiple trucks. Kohler is not involved in the arrangement of on -site delivery and off-loading. That is arranged through Kohler's authorized distributor, Sourcewell member, and necessary onsite personnel. If special equipment is required for installation, like cranes, quotes will need to be obtained through a 3rd party. 63 Specifically describe freight, shipping, and delivery terms or Alaska, Hawaii, or any offshore deliveries that require multiple -stage programs available for Alaska, Hawaii, Canada, or any shipments and are quoted FOB Kohler. The first leg of the offshore delivery. shipment is handled the same as if it were delivered to a site in the continental United States. The difference is that the first destination will be to a port on the coast where the equipment will be loaded onto a barge then shipped via ocean to its second destination. Canadian shipments will follow the same process as shipping to the lower 48 states. Special guidelines are followed by truckers when traveling over ice roads in northern territories to ensure the safety of equipment and driver. Whenever product leaves the United States proper export and import documents are maintained by Kohler's international traffic team to ensure smooth crossing at the border. Kohler can help in coordinating export packaging, if necessary, through a third party. Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 64 Describe any unique distribution and/or delivery methods or options offered in your proposal. Table 12: Pricing Offered Two unique delivery methods that Kohler offers are the preferred carrier program for generators 700kW+ and split shipments. Through the preferred carrier program, Sourcewell members can capitalize on Kohler's partnership with local carriers. This benefit offers lower freight rates and peace of mind in knowing that equipment is being moved by the best in the industry. Split shipments are available when some equipment, like an Automatic Transfer Switch, is needed on site before the generator so that certain on -site construction can continue. Linnet Ite The Pricing Offered in this Proposal is: * Comments 65 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 Table 13: Audit and Administrative Fee Line Item 66 67 68 Question Specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract. Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Response' Kohler uses an SAP based business system and extends this system to all distributors. All quotes, purchases, and deliveries are made via this system, which makes monitoring activity seamless. We perform monthly, quarterly, and annual reports through this system to ensure Sourcewell entities receive the proper pricing, and correctly report all sales through the contract each quarter. Kohler has developed a dedicated dashboard within PowerBl to Sourcewell quotes and orders/sales providing visibility to all Sourcewell related activity. All Sourcewell quotes are verified by Kohler personnel prior to being sent to the customer to ensure that all terms and conditions are properly followed. Kohler currently tracks all Sourcewell related activity in a dedicated PowerBl dashboard that shows all quote and order activity. We have visibility to all quotes and orders received as well as shipments. These metrics can be filtered down by each distributor and are presented at monthly meetings with each distributor to track and measure performance. Our data analytics group continues to make improvements to the dashboard, and it has visibility to all levels of the organization. Utilizing this dashboard, we can drill down from high level quote/order activity to the specific job that was quoted allowing us to measure contract success. A representative sample of internal metrics we have found as good indicators are the following: Number of opportunities identified Quote Net ($) Order Net ($) Win rate % Repeat customers Number of new customers Kohler is open to tracking additional metrics as suggested by Sourcewell in the future as part of a collaborative process together. Kohler is proposing the same general administrative fee which led to more than $15M in sales over the term of the contract; not including the $8M year to date in Sourcewell orders we have received this year. We expect even greater results in the next contract as our partnership with Sourcewell continues to grow and evolve. Kohler proposes a 2% fee of Kohler FOB net invoice price on equipment, which will exclude services, "open market", or "nonstandard items" such as freight, start-up, services, maintenance agreements, and training. Kohler will offer the customer a 5% discount on these items, but requests this to be excluded from the administration fee. For single projects exceeding $2,000,000 ($2M), Kohler will increase the administrative fee to 3% for that order. If Kohler coordinated Pre -Pay and Add freight is used, it will be treated as a service and not included in the administration fee. The discount will be limited to Kohler FOB bill of material and will exclude open market or nonstandard options that may be supplied by others. Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Question Item Response" 69 Provide a detailed description of the We offer a full line of diesel and natural gas generators, which include mobile equipment, products, and services that you generators with trailers. We also offer the necessary equipment to supplement Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 are offering in your proposal. generator purchases including Automatic Transfer Switches (ATS), switchgear, paralleling equipment, and microgrid solutions. Our distributor network can also offer a variety of services, custom enclosures, fuel tanks, automatic transfer switches, and much more. To further enhance the Sourcewell members' experience and product offerings, our distributor network can supply rental equipment across the United States and Canada. A detailed description of Kohler's offerings is listed below. Industrial Generators: We offer diesel generators ranging from 7 to 4,000kW, which is the largest standby generator on the market today. Our gaseous generators range from 25kW to 10,000kW and can be paralleled for a total of 10OMW of power. The Kohler KD Series engines supply unparalleled power density and exceptional fuel economy. Think about the most important places in the world: hospitals, airports, data centers, water treatment plants, etc. Those are the places we protect. The ones that absolutely must have power —no matter what. And with diesel generators ranging from 7 to 4,000 kW, there are no jobs too small, no buildings too big. Kohler diesel generators are available EPA -certified. You can customize them any way you like with a variety of accessories. Our EPA -Certified Tier 4 final generators are the simplest tier 4 generators on the market and are trusted to supply power to critical infrastructure. Residential Generators: Our standby and portable generators protect sensitive electronics from power surges and outages available in natural or LP (Liquid Propane). We also offer compatible automatic transfer switches that monitor the electricity coming from the utility, and when needed signal the generator to start within seconds. Our standby generators range from 6kW to 150kW, and our portable generators range from 1.8kW to 9kW. The smallest 1.8kW portable generator is solar powered and can generator 1440 watts of continuous power. Mobile Generators: Our mobile generators range from 30kW to 175kW and are Tier 4 EPA -emission -certified for nonroad use with 110% containment of fuel, oil, and coolant. They are designed to be easy on the environment and have no DPF (diesel particulate filter) for a smaller overall footprint without DPF maintenance. Cooled exhaust gas recirculation (EGR) helps achieve the industry's toughest emissions standards. Ultraefficient performance provides savings for our customers. Tier 4 Final engines with lower operating costs give you heavy-duty power for any demanding application. Some of the standard features are: - Trailer mounted - Three -position selector switch: 277/480 V 3 Ph, 120/208 V 3 Ph, 120/240 V 1 Ph - Two-way fuel valve easily switches from onboard to external fuel source - Convenience receptacles: two 120 V, 15 A duplex outlets; and three 250 V, 50 A outlets - Cold -weather package including block heater and battery heater -Kohler Decision -Maker 3500 digital controller features user-friendly displays and keypad functions, plus advanced network communications for remote system monitoring and diagnostics Automatic Transfer Switches (ATS): We offer customizable transfer switches ranging from 30 to 4,000 amps that are available in standard, bypass -isolation, and serve - entrance configurations. Our ATS products can be open, closed, and programmed transition with either breaker based or contractor -based configurations. When the grid fails, power is transferred to the standby system. And then it is back to business as usual. Paralleling Switchgear: Whether your needs are for emergency, prime power, interruptible rate, or peak shaving applications, Kohler has the switchgear to back them all up. When it is time to spec, our team will take care of you every step of the way —from concept to startup. And we will engineer custom switchgear to meet your needs. Kohler Power Reserve: For homes and businesses with solar panels, Power Reserve stores the solar energy gathered throughout the day and reserves that energy for use whenever you want it. The power reserve is compatible with any solar panel installation and can provide up to 7.6kW of continuous power. The system stores excess solar energy throughout the day and then uses that energy to power your home or business at night. We also have a 5kWh battery expansion available that can be added to the system. Other services including design, customization, engineering, commissioning, installation, delivery, maintenance, repair, training and operation, service, and maintenance agreements, decommissioning and repurposing, custom shop work, and rental services will be provided by Kohler's distributor network at a 5% discount to Sourcewell customers. i Not to be confused for portable/towable generators that Kohler does provide, Kohler Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 does not supply Ground Power Units. Please see the following attachments for more detail on specific products: G125-18, Brochure, Full Line Industrial - G12458, Brochure, Standby and Portable Full Line - G12-429, Brochure, Consumer, Res/Commercial 70 Within this RFP category there may be - Products, which include gaseous, diesel, industrial ATS, and residential subcategories of solutions. List subcategory -Services titles that best describe your products and services. Table 148: Depth and 8readth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Item Category or Type Offered Comments 71 Stationary electrical generation systems, backup or r. Yes Please note that Ground Power Units are not standby generator sets, mobile and ground power No being proposed in this proposal, Kohler does not units, and trailer mounted generators manufacture Ground Power Units. 72 Parts and accessories, including enclosures, fuel r: Yes Kohler is offering Parts and accessories, including tanks, automatic transfer switches, paralleling r, No enclosures, fuel tanks, automatic transfer switches, equipment, switch gears, connection boxes, controls, paralleling equipment, switch gears, connection alarm modules, batteries, block heaters, and boxes, controls, alarm modules, batteries, block networking tools heaters, and networking tools as part of this proposal. 73 Related services, including design, customization, r Yes Kohler is offering these services through our engineering, commissioning, installation, delivery, r No distributor network at a 5% discount to maintenance, repair, training and operation, service Sourcewell members. and maintenance agreements, decommissioning and repurposing, custom shop work, and rental services Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility 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." Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 • Pricing - Kohler Sourcewell Pricing 2022.pdf - Friday September 16, 2022 09:02:51 • Financial Strength and Stability - Financial Information.zip - Wednesday September 14, 2022 11:54:23 • Marketing Plan/Samples - Marketing Plan Examples.zip - Wednesday September 14, 2022 11:55:17 • WMBE/MBE/SBE or Related Certificates (optional) • Warranty Information - Warranty Policy and Procedures - Kohler ZIP.zip - Friday September 09, 2022 12:38:19 • Standard Transaction Document Samples - Blank Sourcewell Copy Template 4.4.2022.docx - Wednesday September 14, 2022 11:55:54 • Upload Additional Document - Additional Documents - References, Spec Sheets, Etc..zip - Wednesday September 14, 2022 11:59:49 Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pd ; 2. Included on the government -wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: 659C70BA-9D05-483A-8E17-1981367C89A0 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. r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Sean Kenefick, Vice President, Sales, Kohler Co. 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 File Name below addendum and Pages attachments (if applicable) Addendum_4 _Electrical_Energy_Power_ Generation_Equipment_RFP_092222 Fri September 9 2022 09:10 AM Addendum-3 _Electrical_Energy_Power_Generation_Equipment_RFP_092222 Tue September 6 2022 02:37 PM Addendum_2 _Electrical_Energy_Power_ Generation_Equipment_RFP_092222 Wed August 31 2022 07:52 AM Addendum 1 _Electrical_Energy_Power_ Generation_ Equipment _RFP_092222 Wed August 10 2022 11:35 AM Bid Number: RFP 092222 Vendor Name: Kohler Power Systems DocuSign Envelope ID: B0188231-EE49-4062-8073-DD800AOF506A UAW C001if, 1901Igo] y_1►1by—Al if, I1►191if, 19►kifell CONTRACT # 092222-KOH THIS ASSIGNMENT AGREEMENT is effective upon the date of the last signature below, and is by and among Sourcewell; Kohler Power Systems, N7650 Lakeshore Dr., Sheboygan, WI 53083 (Kohler); and Discovery Energy, LLC, 200 Twin Oaks Rd, Kohler, WI 53044 (Supplier). Sourcewell awarded a contract to Kohler to provide Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services for use by Sourcewell and its Participating Entities, effective November 23, 2022, through November 22, 2026 (Contract). Kohler wishes to assign the Contract to Supplier; and the assignment provision of the Contract requires assignment only upon written consent of Sourcewell. 1. Kohler wishes to assign to Supplier all of Kohler's rights, responsibilities, and other provisions set forth in the Contract, Sourcewell Contract Number 092222-KOH. 2. Supplier has obtained a copy of the Contract from Kohler, and certifies it will comply with the terms of the Contract as executed Kohler and Sourcewell, except as amended below. The parties agree this assignment is unconditional and without recourse. 3. Kohler and Supplier jointly and severally represent and warrant to Sourcewell that: a. Kohler is not in default of any of its obligations under the Contract; b. Supplier is ready, willing, and able to perform all of the obligations and responsibilities of the Contract; c. Kohler and Supplier request consent from Sourcewell to this assignment; and d. Supplier accepts assignment of the provisions of the Contract. In consideration for the above, Sourcewell consents to the assignment. Except as amended above, the Contract remains in full force and effect. Sourcewell 1DocuSigned �bby, By: caFo�ay s osa& V�� Jeremy Schwartz, Director of Operations/CPO Date: 4/12/2024 1 11:01 AM CDT Discovery Energy, LLC By Title: Vice President — Power Solutions Date: Apr 11, 2024 Kohler, LLC /f4 Title: Vice President — Power Solutions Date: Apr 11, 2024 Sourcewell Contract # 092222-KOH I Assignment/Amendment Page 1 of 1 OJ'ERNMENTANOFo G S� C9: H i Sourcewell i o ti 2 9TiGf P(JRCHASIN' RFP #092222 REQUEST FOR PROPOSALS for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Proposal Due Date: September 22, 2022, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 22, 2022, at 4:30 p.m. Central Time, and late proposals will not be considered. SOLICITATION SCHEDULE Public Notice of RFP Published Pre -proposal Conference: Question Submission Deadline Proposal Due Date: Opening: Rev. 3/2022 August 4, 2022 August 30, 2022, 10:00 a.m., Central Time September 14, 2022, 4:30 p.m., Central Time September 22, 2022, 4:30 p.m., Central Time Late responses will not be considered. September 22, 2022, 6:30 p.m., Central Time See RFP Section V.G. "Opening" Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 1 ABOUT SOURCEWELL A. SOURCEWELL Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell's solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements (including Canadian Free Trade Agreement, Ontario -Quebec Trade and Cooperation Agreement, and Canada -European Union Comprehensive Economic and Trade Agreement, as applicable), and results in cooperative purchasing solutions from which Sourcewell's Participating Entities procure equipment, products, and services. Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers' potential pool of end users. Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted. B. USE OF RESULTING CONTRACTS In the United States, Sourcewell's contracts are available for use by: • Federal and state government 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; • Indigenous self-governing bodies 1 Pursuant to HAR §3-128-2, the State of Hawaii, Department of Accounting and General Services, State Procurement Office, on behalf of the State of Hawaii and participating jurisdictions, has provided notice of its Intent to Participate in the solicitation as a participating entity. Rev. 3/2022 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 2 • Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; • Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; • Members of the Canoe procurement group of Canada, and their partner associations: Canoe members are regional, local, district or other forms of municipal government, school boards, publicly -funded academic, health and social service entities in Alberta and across Canada, as well as any corporation or entity owned or controlled by one or more of the preceding entities — as well as partner associations, including Saskatchewan Association of Rural Municipalities, Association of Manitoba Municipalities, Local Authorities Services/Association of Municipalities Ontario, Nova Scotia Federation of Municipalities, Federation of Prince Edward Island Municipalities, Municipalities Newfoundland Labrador, Union of New Brunswick Municipalities, North West Territories Association of Communities, Civiclnfo BC, and their members. For a listing of current United States and Canadian Participating Entities visit Sourcewell's website (note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-for- vendors/agency-locator. Participating Entities typically access contracted equipment, products, or services through a purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources. To meet Participating Entities' needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP. In addition, where applicable, other purchasing cooperatives and procurement officials receive notice and are encouraged to re -post the solicitation opportunity. Proof of publication will be available at the conclusion of the solicitation process. II. SOLICITATION DETAILS A. SOLUTIONS -BASED SOLICITATION This RFP and contract award process is a solutions -based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards. Rev. 3/2022 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 3 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 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services, including, but not limited to: a. Stationary electrical generation systems, backup or standby generator sets, mobile and ground power units, and trailer mounted generators; b. Parts and accessories, including enclosures, fuel tanks, automatic transfer switches, paralleling equipment, switch gears, connection boxes, controls, alarm modules, batteries, block heaters, and networking tools; c. Related services, including design, customization, engineering, commissioning, installation, delivery, maintenance, repair, training and operation, service and maintenance agreements, decommissioning and repurposing, custom shop work, and rental services. 2. The primary focus of this solicitation is on electrical energy power generation equipment. Proposers may include related parts, accessories, or services, as described in 1. b. and 1. c. to the extent that these solutions are complementary to the power generation solutions being offered in 1. a. Proposers may include no more than a complementary or incidental offering from renewable energy sources such as wind, solar and microgrid solutions. This solicitation should NOT be construed to include "services -only' solutions. 3. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell: a. Medium Duty and Compact Construction Equipment with Related Attachments, Accessories, and Supplies (RFP ##040319) b. Portable Construction Equipment with Related Accessories and Attachments (RFP #041719) c. Equipment Rental with Related Services (RFP#062320) d. Facility MRO (Maintenance, Repair & Operations), Industrial & Building Supplies with Related Equipment, Accessories, Supplies & Services (RFP #091422) Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed. Rev. 3/2022 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 4 Generally, the solutions for Participating Entities are turn -key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment -only or products -only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local third - party contractors, to properly install and bring to operation the equipment or products being proposed. Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment, products, and services provided under a resulting contract. If proposer is including the equipment, products, and services of its subsidiary entities, the proposer must also identify all included subsidiaries in its proposal. If proposer requires the use of distributors, dealers, resellers, or subcontractors to provide the equipment, products, or services, the proposal must address how the equipment, products or services will be provided to Participating Entities, and describe the network of distributors, dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract. Sourcewell encourages suppliers to offer the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities. C. REQUIREMENTS 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. Deviation 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. Equipment and Products. Proposed equipment and products must be for new, current model; however, proposer may offer certain close-out equipment or products, and used or refurbished equipment, 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 CONTRACTTERM Rev. 3/2022 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 5 Sourcewell anticipates that the term of any resulting contract(s) will be four years, with an optional one-year extension that may be offered based on the best interests of Sourcewell and its Participating Entities. 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. Proposer's sales force will be the primary source of communication with Participating Entities. The proposer's Marketing Plan should demonstrate proposer's ability to deploy a sales force or dealer network to Participating Entities, as well as proposer's sales and service capabilities. It is expected that proposer will promote and market any contract award. G. ADDITIONAL CONSIDERATIONS 1. Contracts will be awarded to proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP. 2. A proposer may submit only one proposal. If related, affiliated, or subsidiary entities elect to submit separate proposals, rather than a single parent -entity proposal, each such proposal must be prepared independently and without cooperation, collaboration, or collusion. 3. If a proposer works with a consultant on its proposal, the consultant (an individual or company) may not assist any other entity with a proposal for this solicitation. 4. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell reserves the right to verify proposer's information and may request clarification from a proposer, including samples of the proposed equipment or products. 5. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory. 6. A proposer's documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal. III. PRICING Rev. 3/2022 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 6 A. REQUIREMENTS 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 proposer'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 not to exceed price. A not to exceed price is the highest price for which equipment, products, or services may be billed to a Participating Entity. However, it is permissible for suppliers to sell at a price that is lower than the contracted price. 3. Stated in U.S. and Canadian dollars (as applicable). 4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., 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. B. ADMINISTRATIVE FEES Proposers awarded a contract are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative. IV. 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 Rev. 3/2022 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 7 Minnesota law may result in the proposal being disqualified from further review and evaluation. To request a modification to the template Contract, a proposer must submit the Exceptions to Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the time of the proposal submission will be considered. Exceptions must: 1. Clearly identify the affected article and section. 2. Clearly note the requested modification; and as applicable, provide requested alternative language. Unclear requests will be automatically denied. Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded supplier for signature. If a proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell's sole discretion, the contract award may be revoked. V. RFP PROCESS A. PRE -PROPOSAL CONFERENCE Sourcewell will hold an optional, non -mandatory pre -proposal conference via webcast on the date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential proposers to ask questions regarding this RFP and Sourcewell's competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre -proposal conference attendance is optional. B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal. The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions. All questions, whether specific to a proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline. Rev. 3/2022 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 8 C. ADDENDA Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda. Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the proposer by checking the box for each addendum. It is the responsibility of the proposer to check for any addenda that may have been issued up to the solicitation due date and time. If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the proposer's proposal status to INCOMPLETE. The proposer can view this status change in the "MY BIDS" section of the Sourcewell Procurement Portal Vendor Account. The proposer is solely responsible to check the "MY BIDS" section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its proposal (and up to the Proposal Due Date). If the proposer's proposal status has changed to INCOMPLETE, the proposer is solely responsible to: i) make any required adjustments to its proposal; ii) acknowledge the addenda; and iii) ensure the re -submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above. D. PROPOSAL SUBMISSION Proposer's complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the proposer's sole responsibility to ensure that the proposal is received on time. It is recommended that proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues. Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell's support provider at support@ bidsandtenders.ca. Rev. 3/2022 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 9 To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity. Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the proposer to remedies available by law. E. GENERAL PROPOSAL 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. PROPOSAL WITHDRAWAL Prior to the proposal deadline, a proposer may withdraw its proposal. G. OPENING 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. A. EVALUATION Rev. 3/2022 VI. EVALUATION AND AWARD Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 10 It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is necessary to meet the needs of its Participating Entities. Factors to be considered in determining the number of contracts to be awarded in any category may include the following: • Total evaluation scores (giving consideration to natural breaks in the scoring of responsive proposals); • The number and geographic location of highest -scoring proposers that offer: o A comprehensive selection of the requested equipment, products, or services; o A sales and service network ensuring availability and coverage for Participating Entities' use; and o Other attributes of the proposer or contents of its proposal that assist Participating Entities in achieving environmental and social requirements, and goals. Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product. B. AWARD(S) Award(s) will be made to the highest -scoring proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP. Sourcewell may request written clarification of a proposal at any time during the evaluation process. Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (a copy is available in the Sourcewell Procurement Portal): Conformance to RFP Requirements Financial Viability and Marketplace Success Ability to Sell and Deliver Service Marketing Plan Value Added Attributes Warranty Depth and Breadth of Offered Equipment, Products, or Services Pricing TOTAL POINTS C. PROTESTS OF AWARDS Rev. 3/2022 50 75 100 50 75 50 200 400 1000 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 11 Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell's Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O. Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received, and time stamped at the Sourcewell office by 4:30 p.m., Central Time, no later than 10 calendar days following Sourcewell's notice of contract award(s) or non -award. and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must allege a procedural, technical, or legal defect, with supporting documentation. A protest that merely requests a re-evaluation of a proposal's content will not be entertained A protest must include the following items: • The name, address, and telephone number of the protester; • Identification of the solicitation by RFP number; • A precise statement of the relevant facts; • Identification of the alleged procedural, technical, or legal defect; • Analysis of the basis for the protest; • Any additional supporting documentation; • The original signature of the protester or its representative; 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; • 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; Rev. 3/2022 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 12 • 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. 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 may reject proposals that are marked confidential or nonpublic, either substantially or in their entirety. Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition. Rev. 3/2022 Sourcewell RFP #092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Page 13 Sourcewell qqa' 8/10/2022 Addendum No. 1 Solicitation Number: RFP 092222 Solicitation Name: Electrical Energy Power Generation Equipment with Related Parts, Supplies, and 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: In the RFP Questionnaire, Table 1, Question 2 — "Identify all subsidiary entities of the Proposer whose equipment, products, or services are included in the Proposal." If distributors are involved in the process, is Sourcewell asking to list all distributors or is this strictly at the OEM level? 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 and identify those of its subsidiary entities whose equipment, products, or services are included in the Proposal (if any). End of Addendum Acknowledgement of this Addendum to RFP 092222 posted to the Sourcewell Procurement Portal on 8/10/2022, is required at the time of proposal submittal. Sourcewell qqa' 8/30/2022 Addendum No. 2 Solicitation Number: RFP 092222 Solicitation Name: Electrical Energy Power Generation Equipment with Related Parts, Supplies, and 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: Who is the incumbent for this contract? Can we review the previous winning bid? Answer 1: Each Sourcewell solicitation represents a separate and distinct opportunity. For examples of current Sourcewell-awarded contracts, navigate to the page on the Sourcewell website at the following address: https://www.sourcewell-mn.gov/contract- search and enter the relevant search term. A currently active contract offering similar solutions is #120617. End of Addendum Acknowledgement of this Addendum to RFP 092222 posted to the Sourcewell Procurement Portal on 8/30/2022, is required at the time of proposal submittal. Sourcewell qqa' 9/06/2022 Addendum No. 3 Solicitation Number: RFP 092222 Solicitation Name: Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Will a list of registered plan takers be provided to all plan takers at any point in this RFP process? Answer 1: A list of plan takers will not be provided as part of the solicitation process. Question 2: Can you clarify what is acceptable for financial stability besides releasing full financial documents. Answer 2: The Sourcewell RFP is an open and competitive solicitation process. Each proposer, in its discretion, will determine the information necessary to best demonstrate its financial viability/success to Sourcewell. Examples of potential supporting material are identified in the text of the question on financial strength and stability in Table 2, "Company Information and Financial Strength," in Step 1 of the proposal preparation process. Proposals are evaluated based on the criteria stated in the RFP. End of Addendum Acknowledgement of this Addendum to RFP 092222 posted to the Sourcewell Procurement Portal on 9/06/2022, is required at the time of proposal submittal. Sourcewell qqa' 9/09/2022 Addendum No. 4 Solicitation Number: RFP 092222 Solicitation Name: Electrical Energy Power Generation Equipment with Related Parts, Supplies, and 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: We provide solar electrical power generation equipment and services. Will you confirm whether we may respond to this solicitation? Answer 1: Each Sourcewell RFP is an open and competitive solicitation process. In the competitive process, Sourcewell will not pre -evaluate a proposer's offerings. 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. Each Proposal will be evaluated based on the criteria stated in the RFP. End of Addendum Acknowledgement of this Addendum to RFP 092222 posted to the Sourcewell Procurement Portal on 9/09/2022, is required at the time of proposal submittal. The New York State Contract Reporter NYS' official source of contracting opportunities Bringing business and government together This document printed Thursday, 08/04/2022 Title: Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Agency: Sourcewell Division: Procurement Department Contract Number: 092222 Contract Term: 4 years, with potential 1 year extension Date of Issue: 08/04/2022 Due Date/Time: 09/22/2022 4:30 PM Central Time County(ies): All NYS counties Classification: Utilities & Green Energies - Commodities Opportunity Type: General Entered By: Chris Robinson Description: Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal Lhttps://proportal .sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 22, 2022, at 4:30 p.m. Central Time, and late proposals will not be considered. Service -Disabled Veteran -Owned Set Aside: No Business entities awarded an identical or substantially similar procurement contract within the past five years: Caterpillar, Inc. Cummins Kohler 1 of 4 Contact Information Primary contact: Sourcewell Procurement Department Chris Robinson Procurement Manager 20212th Street NE P.O. Box 219 Staples, MN 56479 United States Ph: 218-895-4168 rfpesou rcewell-m n.gov Submit to contact: Sourcewell Procurement Department Chris Robinson Procurement Manager 20212th Street NE P.O. Box 219 Staples, MN 56479 United States Ph: 218-895-4168 rfpesou rcewell-m n.gov 2 of 4 Bid Results Bid Results have not been entered 3 of 4 Awards Awards have not been entered © 2022, Empire State Development http://www.esd.ny.gov/ 4 of 4 AFFIDAVIT OF PUBLICATION OFFICIAL DJ OREGON 11 NE Martin Luther King Jr. Blvd. Suite 201 / Portland, OR 97232-3579 (503) 226-1311 STATE OF OREGON, COUNTY OF MULTNOMAH--ss. I, Michelle Ropp , being first duly sworn, depose and say that I am a Principal Clerk of the Daily Journal of Commerce , a newspaper of general circulation in the counties of CLACKAMAS, MULTNOMAH, and WASHINGTON as defined by ORS 193.010 and 193.020; published at Portland in the aforesaid County and State; that I know from my personal knowledge that the Goods and Services notice described as Case Number: NOT PROVIDED ELECTRICAL ENERGY POWER GENERATION EQUIPMENT WITH RELATED PARTS, SUPPLIES, AND SERV Sourcewell; Bid Location Staples, MN, Todd County; Due 09/22/2022 at 04:30 PM a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for 1 time(s) in the following issues: 8/5/2022 State of Oregon County of Multnomah SIGNED OR ATTESTED BEFORE ME ON THE 5th DAY OF August, 2022 Michelle Ropp Notary Public -State of Oregon f`IICHOLAS E�IAFS E3JO�?K NOTARYFUBLIC 0P'BGOhd � G0�IMISSION 10 99574 P:1Y GGPAMISS 7pJ EX?IZ�ES j'''' JARY'�. 2 2'124 Carol Jackson Order No.: 12144194 Sourcewell Client Reference No: 202 12th St NE Staples, MN 56479-2438 EXHIBIT A SOURCEWELL ELECTRICAL ENERGY POWER GENERATION EQUIPMENT WITH RELATED PARTS, SUPPLIES, AND SERVICES Proposals due 4:30 pm, September 22, 2022 REQUEST FOR PROPOSALS Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [httpg://proi)orta I.sourcewell-mn.Qovl. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 22, 2022, at 4.30 p.m. Central Time, and late proposals will not be considered. Published Aug. 5, 2022. 12144194 The Oklahoman PO Box 631643 Cincinnati, OH 45263-1643 PROOF OF PUBLICATION Carol Jackson Sourcewell PO BOX 219 STAPLES MN 56479 STATE OF OKLAHOMA, COUNTY OF OKLAHOMA The Oklahoman, a daily newspaper of general circulation in the State of Oklahoma, and which is a daily newspaper published in Oklahoma County and having paid general circulation therein; published and personal knowledge of the facts herein state and that the notice hereto annexed was Published in said newspapers in the issues dated on: 08/04/2022, 08/11/2022 and that the fees charged are legal. Sworn to and subscribed before on 08/11/2022 My commision expires Publication Cost: $48.30 Order No: 7603251 # of Copies: Customer No: 727698 1 PO #: THIS IS NOT AN INVOICE! Please do not use this dorm for pcn,ment remittance. VICKY FELTY Notary Public State of Wisconsin Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https:Hproportal.sourcewelI-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 22, 2022, at 4:30 p.m. Central Time, and late proposals will not be considered. C Page 1 of 1 From: The Legals Adportal To: Carol Jackson Subject: Thank you for placing your order with us IPL0083829 Date: Monday, August 1, 2022 8:28:23 AM EXTERNAL THANK YOU for your ad submission! This is your confirmation that your order has been submitted. Below are the details of your transaction. Please save this confirmation for your records. This transaction will show up on your credit card statement as McClatchy. Job Details Order Number: IPL0083829 Classification: Legals & Public Notices Package: COL - Legal Ads Order Cost: $137.40 Account Details SOURCEWELL IP PO BOX 219 STAPLES, MN Q 56479 218-894-1930 carol.jackson@sourcewell-mn.gov SOURCEWELL Schedule for ad number IPL00838290 Thu Aug 4, 2022 The State (Columbia) All Zones REQUEST FOR PROPOSALS ourcewell, a State of Minnesota local gov- ernment unit and service cooperative, is re- questing proposals for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services o result in a contracting solution for use by its Participating Entities. Sourcewell Partic- ipating Entities include thousands of gov- ernmental, higher education. K-12 educa- tion, 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 Source - ell Procurement Portal [https://proportal. Sourcewell-mn.gov]. Only proposals sub- mitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 22, 2022, at 4:30 p.m. Central Time. and late proposals will not be considered. 00000000 Publication Dates SPORTS USA TODAY 1 Analysis Continued from Page 4C ties of this year," Elias said. "We have a shot at a wild card right now. But it is not a probability that we're going to win a wild card! LOSER: Chicago White Sox This is the most underachieving team in baseball, sitting in third place in the AL Central. They picked up Diekman from the Boston Red Sox, couldn't stomach the prices for starting pitchers or sluggers on the market, and stopped dealing. "We're disappointed that we weren't able to do more to try to improve this club," GM Rick Hahn said. "Anyone out there feeling a level of frustration and disappointment, I'm right there with you.. Just imagine the uproar in Chicago if they don't make the playoffs. "We've lost a little bit of our swagger," Hahn said. "I'd like to see that come back.' LOSER: Chicago Cubs Remember that emotional scene when the Cubs gave All -Star catcher Willson Contreras a standing ovation, with Contreras crying in the arms of teammate Ian Happ, thanking the Cubs for all the memories? Well, it turned out to be nothing more than a dress rehearsal. Contreras is back. So is Happ. The only players to leave were reliev- ers David Robertson to the Phillies and Mychal Givens to the Mets. That was it. Cubs President Jed Hoyer put a high price tag on Contreras and Happ, and when no one blinked, Hoyer decided to simply keep them. Happ still is under club control for another year, but Con- treras is a free agent and won't be re- turning. So all they get back for Contreras, the best position player on the market not named Juan Soto, is a draft pick when they make him a qualifying offer. Twins outfielder Byron Buxton was a first-time All -Star in 2022. ORLANDO RAMIREZ/USA TODAY SPORTS "We were willing to listen if someone gave us a piece that could really help our future," Hoyer said. "We never crossed that threshold. Willson is a really valu- able player. He's been a great Cub for six years now and we never got to that place where we felt comfortable making a deal." LOSER: San Francisco Giants The Giants are 37-44 since the start of May, and it looked like they were go- ing to start a fire sale with the trade of power hitter Darin Ruff to the Mets, and then dumping injured catcher Curt Ca- salli to the Mariners, injured reliever Trevor Rosenthal to the Brewers and in- jured starter Matt Boyd to the Mariners. And stopped. They listened to offers for All -Star starter Carlos Rodon and All -Star out- fielder Joc Pederson but never budged. They remain in no-man's land. They're not in the race, not out of the race, and just hangin' around, 4 Y2 games out of a wild -card berth. "We're always kind of juggling the present and the future," team President Farhan Zaidi said. "There's a lot of moti- vation to finish the year strong. And if we do, we have a chance to be a danger- ous team.... "I don't see it as mixed message. We think we can compete with the guys we have so we think we're very much in the race! LOSER: Milwaukee Brewers You know it's a bad sign when the Brewers issue a lengthy statement on their social media account trying to calm their fan base on why they traded four -time All -Star closer Hader. "Today's trade is about doing every- thing we can as an organization to con- tinue our mission and our goal of giving our team as many bites at the apple as we possibly can," Brewers president of baseball operations David Stearns said. "To sustain competitiveness and to avoid some of the down cycles that we've seen throughout baseball in the not -too -distant past. As we look around the industry, teams that have been able to sustain consistent competitiveness, get into the playoffs, compete for the playoffs every single year - these are Playoff rankings: Padres face a steep climb Gabe Lacques man to slay their longtime tormentors in Riley USA TODAY Houston, but New York will coast to the summ i AL East title and hold a significant ad- he wi Alberta Purchasing apC Connection Opportunity Notice Electrical Energy Power Generation Equipment with Related Parts, Supplies and Services Opportunity Information Organization: Canoe Procurement Group of Canada Organization Address: Reference Number: AB-2022-04891 Solicitation Number: AB-2022-04891 Solicitation Type: Request for Proposal Posting (MM/dd/yyyy): 08/04/2022 01:00:00 PM Alberta Time Closing (MM/dd/yyyy): 09/22/2022 03:30:00 PM Alberta Time Last Update (MM/dd/yyyy): 08/04/2022 12:30:15 PM Alberta Time Agreement Type: NWPTA/TILMA & CFTA & CETA & TCA Region of Opportunity: Open Region of Delivery: Alberta Opportunity Type: Open & Competitive Commodity Codes: N6115: Generators and Generator Sets, Electrical N6115B: Generator Set, Diesel Engine N6115F: Generators,Electrical -kb6t�" Government Category: Goods This opportunity is now closed. View Bid Package VKrrr Interested Vendors t8+dders , APC "Opportunity Notices" This notice is provided for information purposes only. Refer to the "Opportunity Documents" in the bid package for authoritative information. All queries pertaining to the language, content or any missing or inaccurate information within this abstract must be sent to its originator of the abstract, as specified in the opportunity notice. C APC - All rights reserved. No part of the information contained in this Web Site may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the Manager, Centre of Expertise via: SA.APCRequests@.gov.ab.ca. His Majesty the King in right of Alberta and the Alberta public sector entities that use APC are not responsible or liable for the accuracy of the information contained in the publication. It is the responsibility of interested parties to review the opportunity posting for changes or updates prior to the opportunity closing date/time. Sourcewell Bids Homepage Find more bids Create Account Logir View Details Click here to return to the Sourcewell Procurement Portal home page. Ir B7d Detail �I Bid Classification: Goods Bid Type: RFP - General Bid Number: RFP 092222 Bid Name: Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Bid Status: Closed Bid Closing Date: Thu Sep 22, 2022 4:30:00 PM (CDT) Question Deadline: Wed Sep 14, 2022 4:30:00 PM (CDT) Electronic Auctions: Not Applicable Language for Bid Submissions: English unless specified in the bid document Submission Type: Online Submissions Only Submission Address: Online Submissions Only Public Opening: No Description: Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell- mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 22, 2022, at 4:30 p.m. Central Time, and late proposals will not be considered. Bid Document Access: Bid Opportunity notices and awards and a free preview of the bid documents is available on this site free of charge without registration. Please note, some documents may be secured and you will be required to register for the bid to download and view the documents. There is no cost to obtain an unsecured version of the document and /or to participate in this solicitation. Categories: Show Categories [+] Download Bid Documents) Meeting Locations The following are the meeting times and locations for the opportunity: Meeting Location Online Pre -Proposal Conference , Docum lts File Name Description Date / Time - Mandatory Me... Meeting Document Login instructions will be posted to the Tuesday August 30, "Documents" section and available to registered 2022 10:00 AM No suppliers two business days prior to the web (CDT) conference. RFP_092222_Electrical_Energy_Power_Generation Wednesday July 27, 2022 07:53 AM RFP_092222_Electrical_Energy_Power_Generation_Contract Template Friday July 22, 2022 10:26 AM RFP_092222-Electrical_Energy_Power Generation_Pre-Proposal_Login_Instructions Friday August 26, 2022 10:25 AM RFP_092222_Electrical_Energy_Power_Generation_Logi n_Instructions_Updated_090122 Thursday September 1, 2022 12:23 PM Pages 13 H Download 18 Download 1 Download -- L-1 Download Public I Purchase,. Bid RFP #092222 - Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Sourcewell Bid Type RFP Bid Number 092222 Title Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Start Date Aug 4, 2022 8:11:13 AM CDT End Date Sep 22, 2022 4:30:00 PM CDT [Switch to Vendor Yew] Access Reports View reports on who has been notified of the bid or accessed it. [Notification report] [Access report] Questions 0 Questions 0 unanswered [View/Ask Questions] Agency Sourcewell Bid Contact Chris Robinson Edit Bid (218) 895-4168 [Create Addendum] rfp@sourcewell-mn.gov 202 12th Street N E P.O. Box 219 Staples, MN 56479-0219 ription Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 22, 2022, at 4:30 p.m. Central Time, and late proposals will not be considered. Pre -Bid Conference Date Aug 30, 2022 10:00:00 AM CDT Location Online Conference Notes Login information will he emailed two business days prior to the event. Documents No Documents for this bid cu:tnr„er support: agencysupportLMpublicpurchase.com I Copyright 1999-2022 g I The Public Group, LLC. All rights reserved. ""Public I Gmup. M M ro Content Sourcewell® How It Works Explore Contracts � View Solicitations News q ��� View Edit Delete Revisions Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportat.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 22, 2022, at 4:30 p.m. Central Time, and late proposals will not be considered. This RFP is now closed. Sourcewell gL About Careers Compliance & Legal Contact News Terms & Conditions Privacy Policy Accessibility All Solutions Minnesota -Only Solutions Supplier Resources Register fyinO O 2022 Sourcewell. All rights reserved. Bidding 4M Bic] Notice Only Publish NerifyContents Solicitation Setting A J Invite Bidders No r/ Evaluate Response online No J Internal Approval No V Enable Collaboration with other Users No Solicitation Details A Mandatory Information Solicitation Type UP Solicitation Number 092222 Solicitation Name Electrical Energy Power Generation Equipment with Related Procurement Type Goods, Services Parts, Supplies, and Services Country & Province/State Canada/Ontario Published By Sourcewell Accept Questions Not Applicable Internal Information (For Internal Use Only) Procurement Title/Project Name 092222 Electrical Energy Power Generation Equipment Advertisement A Basic Settings Solicitation Type Open to all suppliers Estimated Contract $200,000,000.00 Amount Publish Date 08/04/2022 Closing Date&Time 09/22/202216:30:00 Cr Publish Option Value Range for this 10,000,001 over Solicitation Selected Categories Energy/ Fuel/ Chemical Hydro,Batteries,Transformers,Consulting, Maintenance Services/Equipment For Renewable O Energy Products/Services/Management Energy, Generators, Booster pumps, Vending Miser, Energy Efficient Products(Fabricated Steel 4 0 Crossarms, Energy Audit, Solar Energy, Photovoltaic etc. Solicitation Overview Sourcewell Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services 092222 Closing Date: 09/22/2022 04:30:00 PM CT Detail: Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Electrcl Energy Power Generation Equipment with Related Parts, Supplies, and services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, R-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 Ihttps://p,oportal.s,—ewell-mn.gpv]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 22, 2022, at 4:30 p.m. Central Time, and late proposals will not be considered. 0 Copyright 2022 R2CoW. All Rights Reserved. Powered by gpdYlgo. (User Manuals/Sup o�rt<.j 092222 - Electrical Energy Power Generation Equipment wi... Notice Basic Information Estimated Contract Value (CAD) Reference Number Issuing Organization Owner Organization Solicitation Type Solicitation Number Title Source ID Details Location Purchase Type Description $200,000,000.00 (Not shown to suppliers) 0000229581 Sourcewell RFP - Request for Proposal (Formal) 092222 Electrical Energy Power Generation Equipment with Related Parts, Supplies, Svcs PP. CO. USA.868485.C88455 Dates Publication Question Acceptance Deadline Questions are submitted online Bid Intent Closing Date Prebid Conference Contact Information Procurement Department 218-894-1930 rfp@sourcewell-mn.gov Pre -Bidding Events Event Type Attendance Event date Location Event Note Bid Submission Process Bid Submission Type Pricing Pricing Bid Documents List All of Canada, All of Canada Duration:4 years Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https:Hproportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 22, 2022, at 4:30 p.m. Central Time, and late proposals will not be considered. 2022/08/04 09:06:40 AM EDT 2022/09/14 05:30:00 PM EDT No Not Available 2022/09/22 05:30:00 PM EDT 2022/08/30 11:00:00 AM EDT Prebid Conference Recommended 2022/08/30 11:00:00 AM EDT Online Conference Login information will be emailed two business days prior to the event. Electronic Bid Submission In attached document In attached document Item Name Bid Documents Description Documents defining the proposal Mandatory Yes 2022/08/04 09:06:48 AM EDT Page 1 of 2 092222 - Electrical Energy Power Generation Equipment wi... Categories Selected Categories GSIN Category (1) C Construction Construction 515 Special trade construction work Special trade construction work 5150BK POWER GENERATION POWER GENERATION MERX Category (1) G Goods Goods G10 Electrical and Electronics Electrical and Electronics UNSPSC Category (1) 26000000 Power Generation and Distribution Machinery and Accessories 26110000 Batteries and generators and kinetic power transmission 26111600 Power generators 2022/08/04 09:06:48 AM EDT Page 2 of 2 DocuSign Envelope ID: 98EB962C-02BE-4E42-8B14-86F42281C90B O('o��RNM E N7,4/V i G\ h Sourcewell l o h oQN PURC H AS1NG SO�J1 COMMENT AND REVIEW to the REQUEST FOR PROPOSAL (RFP) #092222 Entitled Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services The following advertisement was placed August 4, 2022 on the Sourcewell website www.sourcewell-mn.gov, Sourcewell Procurement Portal https://proportal.sourcewell-mn.gov, Biddingo, Merx, PublicPurchase.com, The New York State Contract Reporter www.nyscr.ny.gov, USA Today, South Carolina's The State, August 5, 2022 in Oregon's Daily Journal of Commerce, and on August 4 and August 11, 2022 in The Oklahoman: Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal (https://proportol.sourcewell-mn.govl. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 22, 202Z at 4:30 p.m. Central Time, and late proposals will not be considered. The solicitation process was conducted through the Sourcewell Procurement Portal. The following parties expressed interest in the solicitation by registering for this opportunity within the portal: Air Unlimited, Inc. Merryman -Farr, LLC Alco Building Solutions Nebraska Generator Service, LLC All Phase Contracting, Inc. Pioneer Power Mobility Alliance North America, Inc. Power Conditioning Computer Services, Inc. Apeiron Energy, Inc. Power Technique North America, LLC Caterpillar Inc. PowerSecure, Inc. Construction Industry Center Prairie Fibre -Optic Group, Inc. Construction Reporter Prime Vendor, Inc. Cummins Inc. Pro -Tech Power Sales DD DANNAR, LLC PWXPress Duke Electric (1977), Ltd. Reelstrong, LLC Electric Power Systems International, Inc. Regina Construction Association DocuSign Envelope ID: 98EB962C-02BE-4E42-8B14-86F42281C90B Sourcewell Page 2 of 4 Facility Improvement Corp. Rolls-Royce Solutions America, Inc. (MTU Americas, Inc.) Fermata, LLC Siemens Industry, Inc. Finning International, Inc. supplyFORCE ForeFront Power, LLC Taylor Power Systems, Inc. Generac Power Systems Inc. The X-Group of Companies (Turbine X Energy, Inc.) Genie Retail Energy UNITED RENTALS (NORTH AMERICA), INC. GovZERO Valor Holdings, LLC IM Supply Company Veteran Electrical Supply In -Charge Energy, Inc. Volvo Construction Equipment North America Interstate Power Systems Warshauer Electric Supply Kohler Power Systems WESCO Lindsay Allison International Wesco Distribution Canada Mainspring Energy X Group of Companies Melanite Group, Ltd. All Proposals remained sealed within the Sourcewell Procurement Portal until the scheduled due date and time. Proposals were electronically opened, and the list of all Proposers was made publicly available on the Sourcewell Procurement Portal, on September 22, 2022, at 4:31:32 pm CT. Proposals were received from the following: Caterpillar Inc. Cummins Inc. DID DANNAR, LLC Fermata, LLC Generac Power Systems Inc. Kohler Power Systems MTU Americas, Inc., dba Rolls-Royce Solutions America, Inc. PowerSecure, Inc. Taylor Power Systems, Inc. The X-Group of Companies (Turbine X Energy, Inc.) Proposals were reviewed by the Proposal Evaluation Committee: Kim Austin, MBA, CPPB, Procurement Lead Analyst James Voelker, CPCM, CFCM, Procurement Lead Analyst Brandon Town, CPSM, CPSD, Procurement Analyst Craig West, Procurement Analyst The findings of the Proposal Evaluation Committee are summarized as follows: The Proposal Evaluation Committee applied the Sourcewell RFP evaluation criteria and determined that all proposal responses met the scope and mandatory submittal requirements and were evaluated. Caterpillar Inc. offers a full line of turn -key diesel and natural gas generator sets from 20 to 4000 kW, microgrid and battery energy solutions. Caterpillar has an expansive network of 800 dealers across the United States and Canada. They also provide Sourcewell participating entities with an extensive service network of over 20,000 DocuSign Envelope ID: 98EB962C-02BE-4E42-8B14-86F42281C90B Sourcewell Page 3 of 4 service technicians, 468 locations, over 8,000 service bays and 8,500 field service trucks. Caterpillar's pricing reflects a range of significant discounts from list pricing. Cummins Inc. brings a complete line of diesel and natural gas/propane commercial generator products, transfer switches, and related services. Cummins will provide service to Sourcewell participating entities through their 230 branch locations throughout the United States and Canada. Cummins also has 3,400 certified technicians operating throughout North America. Cummins offers a discount from fair market value or typical sales price on equipment, products, and services. Generac Power Systems Inc. manufactures a comprehensive selection of light towers, stationary, portable, residential, and mobile generators. Their sales staff and distribution network provide coverage throughout the United States and Canada to serve Sourcewell participating entities. Generac offers multiple power source options to include LP vapor, LP liquid, natural gas, well gas, and diesel/Bi-Fuel in their generator solutions. They are offering competitive range of discounts off MSRP by product line. Kohler Power Systems is offering a full line of turnkey diesel and natural gas generators, Automatic Transfer Switches (ATS), switchgear, paralleling equipment, and microgrid solutions. With an extensive distribution network throughout the United States and Canada, Kohler is well prepared to serve Sourcewell participating entities. Kohler offers participating entities competitive discounts from configured list price. MTU Americas, Inc., dba Rolls-Royce Solutions America, Inc., has a long history of providing standby, emergency, continuous, prime, diesel, gas, and propane generators and power generation solutions. Their sales and service teams, along with their distributors, are ready to serve Sourcewell participating entities across the United States and Canada. Their standby generator set product line is designed, manufactured, and warrantied for an 85% load factor. They are offering Sourcewell participating entities solid pricing discounts. For these reasons, the Sourcewell Proposal Evaluation Committee recommends award of Sourcewell Contract #092222 to: Caterpillar Inc. #092222-CAT Cummins Inc. #092222-CMM Generac Power Systems Inc. #092222-GNR Kohler Power Systems #092222-KOH MTU Americas, Inc., dba Rolls-Royce Solutions America, Inc. #092222-RYC The preceding recommendations were approved on November 17, 2022. II DouSignedd by, :�".543C58384D1 ... Kim Austin, MBA, CPPB, Procurement Lead Analyst DocuSigne�d/by: SYAb11�P.1 !/O 9 15F6CCFFA61 E4A0... James Voelker, CPCM, CFCM, Procurement Lead Analyst DocuSign Envelope ID: 98EB962C-02BE-4E42-8B14-86F42281C90B Sourcewell Page 4 of 4 DocuSigned by: 7BCA93CD6377421_. Brandon Town, CPSM, CPSD, Procurement Analyst DocuSigned'•by: _ .l O W tz 7 F4157200C858B4BA_. Craig West, Procurement Analyst STATEMENT OF COMPLIANCE As Executive Director for Sourcewell, I have reviewed the recommendation of the Evaluation Committee and the accompanying support materials documenting the process followed for RFP #092222 for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services. The committee accepted, deemed responsive, evaluated, and recommended proposals for award. Under authority granted in Sourcewell's bylaws, the recommendations set forth above are approved. I hereby certify: 1. Sourcewell is a government agency, created and authorized by Minnesota law to provide cooperative procurement contracts. 2. The procurement process and resulting contracts have been awarded in compliance with the laws of the State of Minnesota (Minnesota Statutes Chapter 471 and Minnesota Statutes Section 123A.21), and in conformity to Sourcewell's Procurement Policy. ID'oc�u�S{IignJped�by: 7E42B8F817A64CC... Dr. Chad Coauette Executive Director/CEO DocuSign Envelope ID: E4052268-A2AF-4259-A602-ADB4E797E8EE MENT A/V, G O N Z Sourcewell R401 Proposal Opening Record Date of opening: September 22, 2022 Sourcewell posted Request for Proposal #092222, for the procurement of Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services, on the Sourcewell Procurement Portal [proportal.sourcewell-mn.gov] on Thursday, August 4, 2022, and the solicitation remained in an open status within the portal until September 22, 2022, at 4:30 pm CT. The RFP required that all proposals be submitted through the Sourcewell Procurement Portal no later than 4:30 pm CT on September 22, 2022, the date and time specified in the Solicitation Schedule. The undersigned certify that all responses received on Request for Proposal #092222 were submitted through the Sourcewell Procurement Portal, and that each Proposer's response material was digitally sealed upon submission and remained inaccessible until the due date and time specified in the Solicitation Schedule. Responses were received from the following: Caterpillar, Inc. - Submitted 9/22/22 at 11:48:50 AM Cummins, Inc. - Submitted 9/22/22 at 8:52:00 AM DID DANNAR, LLC - Submitted 9/20/22 at 12:20:58 PM Fermata, LLC - Submitted 9/22/22 at 2:42:17 PM Generac Power Systems, Inc. - Submitted 9/22/22 at 10:19:18 AM Kohler Power Systems - Submitted 9/16/22 at 9:04:00 AM PowerSecure, Inc. - Submitted 9/21/22 at 11:54:08 AM Rolls-Royce Solutions America, Inc. (MTU Americas, Inc.) - Submitted 9/22/22 at 3:27:52 PM Taylor Power Systems, Inc. - Submitted 9/22/22 at 1:56:49 PM The X-Group of Companies (Turbine X Energy, Inc.) - Submitted 9/22/22 at 4:19:35 PM The Proposals were opened electronically, and a list of all Proposers was made publicly available in the Sourcewell Procurement Portal, on September 22, 2022, at 4:31:32 PM CT. All responsive proposals were then submitted for review by the Sourcewell Evaluation Committee. I DocuSignedd by, 6830543C58384D1... Kim Austin, MBA, CPPB, Procurement Lead Analyst DocuSignednby'-: 6EE63AEDEDSF46E... Carol Jackson, Procurement Analyst \ 3 / 0 vvu1 u1Uvv1U11 1WUU111N1U1 F%W1 111U1 Category Industrial- - . • Discount off configured list price Industrial Diesel Generators Industrial�'� Generators Model/PartIndustrial 25CCL Description 25 kW Genset NG/LPG Gas 60 1 Phase or 3 Phase LP/NG New Source Performance Standard (NSPS) Certified Liquid -Cooled 30% 30CCL 30 kW Genset NG/LPG Gas 60 1 Phase or 3 Phase LP/NG New Source Performance Standard (NSPS) Certified Liquid -Cooled 30% 36CCL 36 kW Genset NG/LPG Gas 60 1 Phase or 3 Phase LP/NG New Source Performance Standard (NSPS) Certified Liquid -Cooled 30% EPA -Certified for Stationary Emergency Applications KG40 40 kW Genset NG/LPG Gas 50 or 60 1 Phase or 3 Phase LP/NG (60Hz Only) Liquid -Cooled 30% EPA -Certified for Stationary Emergency Applications KG45 45 kW Genset NG/LPG Gas 50 or 60 1 Phase or 3 Phase LP/NG (60Hz Only) Liquid -Cooled 30% EPA -Certified for Stationary Emergency Applications KG50 50 kW Genset NG/LPG Gas 50 or 60 1 Phase or 3 Phase LP/NG (60Hz Only) Liquid -Cooled 30% EPA -Certified for Stationary Emergency Applications KG60 60 kW Genset NG/LPG Gas 50 or 60 1 Phase or 3 Phase LP/NG (60Hz Only) Liquid -Cooled 30% EPA -Certified for Stationary Emergency Applications KG80 80 kW Genset NG/LPG Gas 50 or 60 1 Phase or 3 Phase LP/NG (60Hz Only) Liquid -Cooled 30% EPA -Certified for Stationary Emergency Applications KG100 100 kW Genset NG/LPG Gas 50 or 60 1 Phase or 3 Phase LP/NG (60Hz Only) Liquid -Cooled 30% EPA -Certified for Stationary Emergency Applications KG125 125 kW Genset NG/LPG Gas 50 or 60 1 Phase or 3 Phase LP/NG (60Hz Only) Liquid -Cooled 30% EPA -Certified for Stationary Emergency Applications KG150 150 kW Genset NG/LPG Gas 50 or 60 1 Phase or 3 Phase LP/NG (50Hz & 60Hz) Liquid -Cooled 30% EPA -Certified for Stationary Emergency Applications KG180 180 kW Genset NG/LPG Gas 50 or 60 1 Phase or 3 Phase LP/NG (50Hz & 60Hz) Liquid -Cooled 30% EPA -Certified for Stationary Emergency Applications KG200 200 kW Genset NG/LPG Gas 50 or 60 1 Phase or 3 Phase LP/NG (50Hz & 60Hz) Liquid -Cooled 30% EPA -Certified for Stationary & Mobile Emergency & Non - 250REZXB 250 kW Genset NG/LPG Gas 60 1 Phase or 3 Phase Rich -Burn LP/NG Emergency Applications Liquid -Cooled 30% 250RZXB 250 kW Genset NG/LPG Gas 50 or 60 3 Phase Rich -Burn LP/NG N/A Liquid -Cooled 30% 300REZXC 300 kW Natural Gas Genset Gas 60 1 Phase or 3 Phase Rich -Burn NG EPA -Certified for Stationary Emergency Applications Liquid -Cooled 30% EPA -Certified for Stationary & Mobile Emergency & Non - 30OREZXD 300 kW Genset NG/LPG Gas 60 3 Phase Rich -Burn LP/NG Emergency Applications Liquid -Cooled 30% 300RZXD 300 kW Genset NG/LPG Gas 50 or 60 3 Phase Rich -Burn LP/NG N/A Liquid -Cooled 30% EPA -Certified for Stationary & Mobile Emergency & Non - 350REZXD 350 kW Genset NG/LPG Gas 60 3 Phase Rich -Burn LP/NG Emergency Applications Liquid -Cooled 30% 350RZXD 350 kW Genset NG/LPG Gas 50 or 60 3 Phase Rich -Burn LP/NG N/A Liquid -Cooled 30% EPA -Certified for Stationary & Mobile Emergency & Non - 40OREZXD 400 kW Genset NG/LPG Gas 60 3 Phase Rich -Burn LP/NG Emergency Applications Liquid -Cooled 30% 400RZXD 400 kW Genset NG/LPG Gas 50 or 60 3 Phase Rich -Burn LP/NG N/A Liquid -Cooled 30% 450REZXD 450 kW Genset NG/LPG Gas 60 3 Phase Rich -Burn LP/NG EPA -Certified for Stationary Emergency Applications Liquid -Cooled 30% 500REZXD 500 kW Genset NG/LPG Gas 60 3 Phase Rich -Burn LP/NG EPA -Certified for Stationary Emergency Applications Liquid -Cooled 30% 15REOZK 15 kW Diesel Genset Diesel 60 1 Phase or 3 Phase #2 Diesel / HVO / RD EPA -Certified for Stationary Emergency Applications Liquid -Cooled 32% 20REOZK 20 kW Diesel Genset Diesel 60 1 Phase or 3 Phase #2 Diesel / HVO / RD EPA -Certified for Stationary Emergency Applications Liquid -Cooled 32% 30REOZK 30 kW Diesel Genset Diesel 60 1 Phase or 3 Phase #2 Diesel / HVO / RD EPA -Certified for Stationary Emergency Applications Liquid -Cooled 32% Tier 4 Final EPA Certified for Stationary Emergency & 30REOZK4 30 kW EPA Tier 4 Diesel Genset Diesel 60 1 Phase or 3 Phase ASTM D975 or EN 590 ULSD / HVO / RD Non -Emergency Applications Liquid -Cooled 32% Tier 3 EPA -Certified for Stationary Emergency 40REOZK 40 kW Diesel Genset Diesel 60 1 Phase or 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Tier 4 Final EPA Certified for Stationary Emergency & 40REOZK4 40 kW EPA Tier 4 Diesel Genset Diesel 60 1 Phase or 3 Phase ASTM D975 or EN 590 ULSD / HVO / RD Non -Emergency Applications Liquid -Cooled 32% 35 kVA EPA Tier 4 Portable Diesel Genset (Trailer 35REOZT4 Mounted) Diesel 60 1 Phase or 3 Phase ASTM D975 or EN 590 ULSD / HVO / RD Tier 4 Final EPA -Certified for Nonroad Applications Liquid -Cooled 32% 45 kVA EPA Tier 4 Portable Diesel Genset (Trailer 45REOZT4 Mounted) Diesel 60 1 Phase or 3 Phase ASTM D975 or EN 590 ULSD / HVO / RD Tier 4 Final EPA -Certified for Nonroad Applications Liquid -Cooled 32% Tier 4 Final EPA Certified for Stationary Emergency & 48REOZK4 48 kW EPA Tier 4 Diesel Genset Diesel 60 1 Phase or 3 Phase ASTM D975 or EN 590 ULSD / HVO / RD Non -Emergency Applications Liquid -Cooled 32% Tier 3 EPA -Certified for Stationary Emergency SOREOZK 50 kW Diesel Genset Diesel 60 1 Phase or 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% 55 kVA EPA Tier 4 Portable Diesel Genset (Trailer Tier 4 Final EPA Certified for Stationary Emergency & 55REOZT4 Mounted) Diesel 60 1 Phase or 3 Phase ASTM D975 or EN 590 ULSD / HVO / RD Non -Emergency Applications Liquid -Cooled 32% Tier 3 EPA -Certified for Stationary Emergency 60REOZK 60 kW Diesel Genset Diesel 60 1 Phase or 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Tier 4 Final EPA Certified for Stationary Emergency & 80REOZ14 80 kW EPA Tier 4 Diesel Genset Diesel 60 1 Phase or 3 Phase ASTM D975 or EN 590 ULSD / HVO / RD Non -Emergency Applications Liquid -Cooled 32% Tier 3 EPA -Certified for Stationary Emergency 80REOZJF 80 kW Diesel Genset Diesel 60 1 Phase or 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Generators Model/Part Nurnber DescriptionIndustrial Short 90 kVA EPA Tier 4 Portable Diesel Genset (Trailer 90REOZT4 Mounted) Diesel 60 1 Phase or 3 Phase ASTM D975 or EN 590 ULSD / HVO / RD Tier 4 Final EPA -Certified for Nonroad Applications Liquid -Cooled 32% Tier 4 Final EPA Certified for Stationary Emergency & 100REOZJ4 100 kW EPA Tier 4 Diesel Genset Diesel 60 1 Phase or 3 Phase ASTM D975 or EN 590 ULSD / HVO / RD Non -Emergency Applications Liquid -Cooled 32% Tier 3 EPA -Certified for Stationary Emergency 100REOZJF 100 kW Diesel Genset Diesel 60 1 Phase or 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% 120 kVA EPA Tier 4 Portable Diesel Genset (Trailer 120REOZT4 Mounted) Diesel 60 1 Phase or 3 Phase ASTM D975 or EN 590 ULSD / HVO / RD Tier 4 Final EPA -Certified for Nonroad Applications Liquid -Cooled 32% Tier 4 Final EPA Certified for Stationary Emergency & 125REOZJ4 125 kW EPA Tier 4 Diesel Genset Diesel 60 1 Phase or 3 Phase ASTM D975 or EN 590 ULSD / HVO / RD Non -Emergency Applications Liquid -Cooled 32% Tier 3 EPA -Certified for Stationary Emergency 125REOZJG 125 kW Diesel Genset Diesel 60 1 Phase or 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% 145 kVA EPA Tier 4 Portable Diesel Genset (Trailer 145REOZT4 Mounted) Diesel 60 1 Phase or 3 Phase ASTM D975 or EN 590 ULSD / HVO / RD Tier 4 Final EPA -Certified for Nonroad Applications Liquid -Cooled 32% Tier 4 Final EPA Certified for Stationary Emergency & 150REOZJ4 150 kW EPA Tier 4 Diesel Genset Diesel 60 1 Phase or 3 Phase ASTM D975 or EN 590 ULSD / HVO / RD Non -Emergency Applications Liquid -Cooled 32% Tier 3 EPA -Certified for Stationary Emergency 150REOZJF 150 kW Diesel Genset Diesel 60 1 Phase or 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% 175 WA EPA Tier 4 Portable Diesel Genset (Trailer 175REOZT4 Mounted) Diesel 60 1 Phase or 3 Phase ASTM D975 or EN 590 ULSD / HVO / RD Tier 4 Final EPA -Certified for Nonroad Applications Liquid -Cooled 32% Tier 3 EPA -Certified for Stationary Emergency 180REOZJG 180 kW Diesel Genset Diesel 60 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Tier 3 EPA -Certified for Stationary Emergency 200REOZJF 200 kW Diesel Genset Diesel 60 1 Phase or 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Tier 3 EPA -Certified for Stationary Emergency 230REOZJE 230 kW Diesel Genset Diesel 60 1 Phase or 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Tier 3 EPA -Certified for Stationary Emergency 250REOZJE 250 kW Diesel Genset Diesel 60 1 Phase or 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Tier 3 EPA -Certified for Stationary Emergency 275REOZJE 275 kW Diesel Genset Diesel 60 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Tier 3 EPA -Certified for Stationary Emergency 300REOZJ 300 kW Diesel Genset Diesel 60 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Tier 3 EPA -Certified for Stationary Emergency 350REOZJC 350kW Diesel Genset Diesel 60 1 Phase or 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Tier 3 EPA -Certified for Stationary Emergency 350REOZJD 350 kW Diesel Genset Diesel 60 1 Phase or 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Tier 3 EPA -Certified for Stationary Emergency 400REOZJC 400 kW Diesel Genset Diesel 60 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Tier 3 EPA -Certified for Stationary Emergency 400REOZJD 400 kW Diesel Genset Diesel 60 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary 500REOZJC 500 kW Diesel Genset Diesel 60 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary 500REOZVC 500 kW Diesel Genset Diesel 60 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary 550REOZVB 550 kW Diesel Genset Diesel 60 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary 600REOZVB 600 kW Diesel Genset Diesel 60 3 Phase #2 Diesel Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary 750REOZMD 750 kW Diesel Genset Diesel 60 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary KD800 800 kW Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary KD900 900 kW Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary KD1000 1000 kW Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary 1250REOZMD 1250 kW Diesel Genset Diesel 60 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% 1250ROZMC 1250 kW Diesel Genset Diesel 50 or 60 3 Phase #2 Diesel / HVO / RD N/A Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary KD1250-A 50Hz, 1250 kW Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD / HVO / RD Applications Liquid -Cooled 32% Tier 4 EPA -Certified for Stationary, Prime, Continuous KD1250-4 1250 kW EPA Tier 4 Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD Applications Liquid -Cooled 32% Industrial Generators Model/Part Number Short Description Tier 2 EPA -Certified for Emergency Stationary KD1350 1350 kW Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary KD1500 1500 kW Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary 1600REOZMD 1600 kW Diesel Genset Diesel 60 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% 1600ROZMC 1600 kW Diesel Genset Diesel 50 or 60 3 Phase #2 Diesel / HVO / RD N/A Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary KD1600 1600 kW Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary 17SOREOZMD 1750 kW Diesel Genset Diesel 60 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary KD1750 1750 kW Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary 2000REOZMD 2000 kW Diesel Genset Diesel 60 3 Phase #2 Diesel / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary KD2000 2000 kW Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary KD2250 2250 kW Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary KD2500 2500 kW Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD / HVO / RD Applications Liquid -Cooled 32% Tier 4 EPA -Certified for Stationary, Prime, Continuous KD2500-4 2500 kW EPA Tier 4 Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary KD2800 2800 kW Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary KD3000 3000 kW Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary KD3250 3250 kW Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD / HVO / RD Applications Liquid -Cooled 32% Tier 4 EPA -Certified for Stationary, Prime, Continuous KD3250-4 3250 kW EPA Tier 4 Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary KD3500 3500 kW Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD / HVO / RD Applications Liquid -Cooled 32% Tier 2 EPA -Certified for Emergency Stationary KD4000 4000 kW Diesel Genset Diesel 60 3 Phase #2 Diesel ULSD / HVO / RD Applications Liquid -Cooled 32% • - Standard Industrial ATS Description KSS Series Rated Standard Transition 40-1200 Amps AMPS 40-1200 configured price 30% Standard KCS Any Breaker Rated Standard Transition 30-4000 Amps 30-4000 30% Standard KCP Any Breaker Rated Programmed Transition 150-4000 Amps 150-4000 30% Standard KCC Any Breaker Rated Closed Transition 100-4000 Amps 100-4000 30% Bypass KBS Bypass Isolation Standard Transition 100-4000 Amps 100-4000 30% Bypass KBP Bypass Isolation Programmed Transition 100-4000 Amps 100-4000 30% Bypass KBC Bypass Isolation Closed Transition 100-4000 Amps 100-4000 30% Bypass KAS Bypass Isolation Standard Transition 100-3000 Amps 100-3000 30% Bypass KAP Bypass Isolation Programmed Transition 100-3000 Amps 100-3000 30% Service Entrance KEP Service Entrance Programmed Transition 100-4000 Amps 100-4000 30% Part # DescriptionResidential Generators AIR-COOLED AUTOMATIC STANDBY GENERATOR, LPG, COLOR: KOHLER CASHMERE Standard Features: UL22001CSA Approval, Steel 58 dBA Sound Shield, Standard Air Intake, VSC Controller with 2.5-Amp Battery Charger, Flexible Fuel Line, Hydraulic Magnetic Type Breaker, Five -Year Basic On -Grid / 18-Month Off -Grid Warranty, Field Convertible to Natural Gas Fuel 6VSG-QS18 6VSG, 48V, Oil Makeup kit 6 N/A 30% 6VSG-0S79 6VSG, 36V, Oil Makeup Kit, Comm Kit 6 N/A 30% 6VSG-QS20 6VSG, 48V, Oil Makeup Kit, Comm Kit 6 N/A 30% 6VSG-QS21 6VSG,48V 6 N/A 30% 6VSG-QS22 AIR-COOLED AUTOMATIC 6VSG,24V NATURAL KOHLER 6 N/A 30% STANDBY GENERATOR, GAS, COLOR: CASHMERE Standard Features: UL2200/CSA Approval, Battery Cables, Fuel Solenoid Valve & Secondary Regulator, Oil Drain Extension With Shutoff Valve, Rodent -Resistant Construction, Critical Silencer, Sound -Deadening, Flame -Retardant Sound Shield Foam, Carb- And EPA -Certified Fuel System, Flex Fuel Line, Easy -Connect Terminal Block, Five -Year Basic - onvertible to LPG Fuel, OnCue Plus 10RESV-QS8 I ORESV, I PH, 240V, WULS, CSA 10 50 30% 10RESVL-100LC12 IORESVL,RXT 100 Amp, LC-12 spaces, NEMA1 10 50 30% 12RE5-0S11 12RES, 1 PH, 240V, cUUUS, CSA (No OnCue Plus on ADC Controller) 12 40 30% 12RESV-QS8 12RESV, I PH, 240V, cUL/US, CSA 12 60 30% 12RESVL-100LC12 12RESVL,RXT 100 Amp, LC-12 spaces, NEMA1 12 60 30% 14RCA-QS6 14RCA, 1 PH, 240V, cUL/US, CSA 14 70 30% 14RCA-QS7 14RCA, 3 PH, 208V, cUL, CSA 14 50 30% 14RCA-QS8 14RCA, 3 PH, 240V, cUL, CSA 14 50 30% 14RCA-0S9 14RCA, 3 PH, 480V, cUL, CSA 14 25 30% 14RCAL-200SELS 14RCAL,RXT 200 Amp,SE,Load Shed,NEMA 3R 14 70 30% 14RCAL-10OLC16 AUTOMATIC•• 14RCA, 1 PH, 240V, cUL, RXT 100 AMP NATURAL GAS, COLOR: KOHLER CASHMERE 14 70 30% , Standard Features: UL2200/CSA Approval, Battery Cables, Fuel Solenoid Valve & Secondary Regulator, Oil Drain Extension With Shutoff Valve, Rodent -Resistant Construction, Critical Silencer, Sound -Deadening, Flame -Retardant Sound Shield Foam, Carb- And EPA -Certified Fuel System, Flex Fuel Line, Easy -Connect Terminal Block, Five -Year Comprehensive On -Grid Warranty, Field Convertible to LPG Fuel, OnCue Plus 20RCA-QS6 120RCA, 1 PH, 240V, cUUUS, CSA 20 100 30% 20RCA-QS7 20RCA, 3 PH, 208V, cUUUS, CSA 20 70 30% 20RCA-QS8 20RCA, 3 PH, 240V, cUL/US, CSA 20 60 30% 20RCA-0S9 20RCA, 3 PH, 480V, cUUUS, CSA 20 30 30% 20RCAL-200SELS LIQUID 20RCAL, RXT 200 A SE, 143R, w/LOAD Man Color: Cashmere 20 100 30% -COOLED AUTOMATIC STANDBY GENERATOR, NGILP, Kohler Standard Features: UL22001CSA, 60 Hz, Aluminum Sound Shield, Unit Mounted Radiator, Standard Air Intake, RDC2 Controller which includes a 2.5AMP Battery Charger, Flexible Fuel Lines, Coolant in generator, 45 C Cooling System and 5-Year Comprehensive Warranty, OnCue Plus 24RCLA-QS1 24RCLA, I PH, 240V, UL, CSA 24 100 30% 24RCLA-QS2 24RCLA, 3 PH, 208V, UL, CSA 24 90 30% 24RCLA-QS3 24RCLA, 3 PH, 240V, UL, CSA 24 80 30% 24RCLA-QS4 24RCLA, 3 PH, 480V, UL, CSA 24 40 30% 24RCLA-0S50 24RCLA, 1 PH, 240V, UL, CSA, Bilk Heater 24 100 30% 30RCLA-QS1 30RCLA, I PH, 240V, UL, CSA 30 150 30% 30RCLA-QS2 30RCLA,3 PH, 208V, UL, CSA 30 125 30% 30RCLA-QS3 130RCLA,3 PH, 240V, UL, CSA 30 100 30% 30RCLA-QS4 130RCLA, 3 PH, 480V, UL, CSA 30 50 30% 30RCLA-QS50 LIQUID -COOLED 130RCLA, 1 PH, 240V, UL, CSA, Bilk Heater AUTOMATIC STANDBY GENERATOR, NG/LP, Color: Kohler Cashmere 30 150 30% Standard Features: UL22001CSA, 60 Hz, Aluminum Sound Shield, Unit Mounted Radiator, Standard Air Intake, RDC2 Controller which includes a .SAMP Battery Charger, Flexible Fuel Lines, oolant in generator, 45 0o Ing ys em an 5-Year Comprehensive Warranty, OnCue Plus 38RCLC-QS1 38RCLB,1 PH, 240V, UL, CSA 38 175 30% 38RCLC-QS2 38RCLB, 3 PH, 208V, UL, CSA 38 150 30% 38RCLC-QS3 38RCLB,3 PH, 240V, UL, CSA 38 125 30% 38RCLC-QS4 38RCLB, 3 PH, 480V, UL, CSA 38 60 30% 38RCLC-0S50 38RCLB, 1 PH, 240V, UL, CSA, Bilk Heater 38 175 30% 48RCLB-QS6 48RCLB, 3 Ph, 120/208, 4P7BX Alternator 48 175 30% 48RCLC-0S7 48RCLC, 1 PH, 240V, UL, CSA 48 200 30% 48RCLC-QS2 48RCLC, 3 PH, 208V, UL, CSA 48 175 30% 48RCLC-0S3 48RCLC, 3 PH, 240V, UL, CSA 48 150 30% 48RCLC-QS4 48RCLC, 3 PH, 480V, UL, CSA 48 80 30% 48RCLC-0S50 48RCLC, 1 PH, 240V, UL, CSA, Bilk Heater 48 200 30% 60RCLB-QS1 60RCLB, I PH, 240V, UL, CSA 60 250 30% 60RCLB-QS2 60RCLB,3 PH, 208V, UL, CSA 60 225 30% 60RCLB-QS3 60RCLB, 3 PH, 240V, UL, CSA 60 200 30% 60RCLB-0S4 60RCLB, 3 PH, 480V, UL, CSA 60 100 30% 60RCLB-QS50 160RCUB, 1 PH, 240V, UL, CSA, Bilk Heater 60 250 30% Part # DescriptionResidential Generators M LIQUID -COOLED AUTOMATIC STANDBY GENERATOR, NATURAL GAS, Color: Kohler Cashmere Standard Features: UL2200/CSA, Sound Shield, 45C Unit Mounted Radiator, Standard Air Intake, APM402 Controller, Flexible Fuel Lines, 12V-6A Battery Charger, Additional Gas Solenoid Valve, Rodent Guards, Silencer, Coolant in generator, Block Heater installed and 5-Year Basic Warranty KG80R-QS KG80R, 1 PH, 120/240, 4T9X Alternator, Steel Enclosure 80 350 30% KG80R-0S1 KG80R, 1 PH, 120/240, 4T9X Alternator, Aluminum Enclosure 80 350 30% KG80R-QS2 KG80R, 3 Ph, 120/208, 4R9X Alternator, Steel Enclosure 80 300 30% KG80R-QS3 KG80R, 3 Ph, 120/240, 4R9X Alternator, Steel Enclosure 80 250 30% KG80R-0S4 KG80R, 3 Ph, 277/480, 4R9X Alternator, Steel Enclosure 80 125 30% KG80R-QS5 KG80R, 3 Ph, 120/208, 4R9X Alternator, Aluminum Enclosure 80 300 30% KG80R-0S6 KG80R, 1 PH, 120/240, 4T9X Alternator, Steel Enclosure, w/Catalyst, CA/MA Compliant 80 350 30% KG80R-QS7 KG80R, 1 PH, 120/240, 4T9X Alternator, Aluminum Enclosure, w/Catalyst, CA/MA Compliant 80 350 30% KG80R-0SB KG80R, 3 Ph, 120/208, 4R9X Alternator, Steel Enclosure, w/Catalyst, CA/MA Compliant 80 300 30% KG100R-QS KG100R, 1 PH, 120/240, 4713X Alternator, Steel Enclosure, CA/MA Compliant 100 600 30% KG100R-QS1 KG100R, 1 PH, 120/240, 4T13X Alternator, Aluminum Enclosure, CA/MA Compliant 100 600 30% KG100R-QS2 KG100R, 3 Ph, 120/208, 4R12X Alternator, Steel Enclosure, CA/MA Compliant 100 350 30% KG100R-QS3 KG100R, 3 Ph, 120/240, 4R12X Alternator, Steel Enclosure, CA/MA Compliant 100 300 30% KG100R-QS4 KG100R, 3 Ph, 277/480, 4R12X Alternator, Steel Enclosure, CA/MA Compliant 100 1150 30% KG100R-QS5 LIQUID AUTOMATIC I KG100R, 3 Ph, 120/208, 4R12X Alternator, Aluminum Enclosure, CA/MA Compliant STANDBY GENERATOR, NATURAL GAS, Color: Kohler Cashmere 100 350 30% -COOLED Standard Features: UL2200/CSA, Sound Shield, 45C Unit Mounted Radiator, Standard Air Intake, APM402 Controller, Flexible Fuel Lines, 12V-6A Battery Charger, Additional Gas Solenoturva.ve, Rodent Guards, Silencer, Coo an In generator, Block Heater installed and 5-Year Basic Warranty KG125R-QS KG125R, 1 PH, 1201240, 4R12X Alternator, Steel Enclosure 125 600 30% KG125R-QSi KG125R, 1 PH, 120/240, 4713X Alternator, Aluminum Enclosure 125 600 30% KG125R-0S2 KG125R, 3 Ph, 120/208, 4R13X Altemator, Steel Enclosure 125 600 30% KG125R-QS3 KG125R, 3 Ph, 120/240, 4R13X Altemator, Steel Enclosure 125 400 30% KG125R-QS4 KG125R, 3 Ph, 277/480, 4R13X Alternator, Steel Enclosure 125 200 30% KG125R-QS5 KG125R, 3 Ph, 120/208, 4R13X Altemator, Aluminum Enclosure 125 600 30% 150ERESC-QS8 150ERESC, 1 PH, 120/240, 4T13X Alternator, Steel Enclosure 150 600 30% 150ERESC-QS9 150ERESC, 1 PH, 120/240, 4713X Alternator, Aluminum Enclosure 150 600 30% 150ERESC-QS10 150ERESC, 3 Ph, 120/208, 4S13X Altemator, Aluminum Enclosure 150 600 30% 150ERESC-MV10 150ERESC, 3 Ph, 120/208, 4S13X Altemator, Steel Enclosure 150 600 30% 150ERESC-MV11 150ERESC, 3 Ph, 120/240, 4S13X Alternator, Steel Enclosure 150 600 30% 150ERESC-MV12 150ERESC, 3 Ph, 277/480. 4S13X Alternator, Steel Enclosure 150 250 30% Part # RDT-CFNA-0100A-QS5 Amps 100 Phase 1Ph Voltage 240V Poles/Wire 2Pole/3Wire Enclosure Type NEMA1 Residential Enclosure Material Steel Load Service Center Entrance UL X cUL CSA X Combined Board w/Load Shed Compatible with Load Shed Kit X Sourcewell Discount 30% RDT-CFNA-0200A-QS5 200 1Ph 240V 2%le/3Wire NEMA1 Steel X X X 30% RDT-CFNA-100E-MV04 100 1Ph 240V 2Pole/3Wire NEMA1 Steel 16 X X 30% RDT-CFNA-200E-MV04 200 1Ph 240V 2Pole/3Wire NEMA1 Steel 24 X X 30% RDT-CFNC-0100A-QS7 100 1Ph 240V 2%le/3Wire NEMA3R Aluminum X X X 30% RDT-CFNC-0200A-QS7 200 1Ph 240V 2%le/3Wire NEMA3R Aluminum X X X 30% RDT-CFNC-0100B-QS7 100 1Ph 240V 2%le/3Wire NEMA3R Aluminum 16 X X 30% RDT-CFNC-0200B-QS7 200 1Ph 240V 2%le/3Wire NEMA3R Aluminum 24 X X 30% RDT-CFNC-40OA-QS10 400 1Ph 240V 2%le/3Wire NEMA3R Aluminum X X 30% RDT-CFNC-400A-QS11 400 1Ph 240V 2%le/3Wire NEMA3R Aluminum X X 30% RDT-CFNC-200ASEQS4 200 1Ph 240V 2%le/3Wire NEMA3R Aluminum X X X 30% RDT-CFNC-200BSEQS3 200 1Ph 240V 2%le/3Wire NEMA3R Aluminum 42 X X 30% RDT-CFNC-400ASEQS5 400 1Ph 240V 2%le/3Wire NEMA3R Aluminum X X X 30% GM85273-SA6 100 1Ph 240V 2%le/3Wire NEMA1 Steel 12 X 30% RXT-JFNA-0100B-QS5 100 1Ph 240V 2%le/3Wire NEMA1 Steel 16 X 30% RXT-JFNC-0100B-QS4 100 1Ph 240V 2%le/3Wire NEMA3R Aluminum 16 X 30% RXT-JFNC-0100A-QS7 100 1Ph 240V 2%le/3Wire NEMA3R Aluminum X X X 30% RXT-JFNC-0200A-QS7 200 1Ph 240V 2%le/3Wire NEMA3R Aluminum X X X 30% RXT-JFNC-0400A-QS5 400 1Ph 240V 2%le/3Wire NEMA3R Aluminum X X 30% RXT-JFNC-40OA-MV07 400 1Ph 240V 2%le/3Wire NEMA3R Aluminum X X 30% RXT-JFNC-100ASEQS4 100 1Ph 240V 2%le/3Wire NEMA3R Aluminum X X X 30% RXT-JFNC-150ASEQS3 150 1Ph 240V 2%le/3Wire NEMA3R Aluminum X X X 30% RXT-JFNC-200ASEQS4 200 1Ph 240V 2Pole/3Wire NEMA3R Aluminum X X X 30% RXT-JFNC-300ASEQS4 300 1Ph 240V 2%le/3Wire NEMA3R Aluminum X X X 30% RXT-JFNC300CSEMV01 300 1Ph 240V 2%le/3Wire NEMA3R Aluminum X X X 30% RXT-JFNC-400ASEQS4 400 1Ph 240V 2%le/3Wire NEMA3R Aluminum X X X 30% RXT-JFNC-400CSEQS 400 1Ph 240V 2%le/3Wire NEMA3R Aluminum X X X 30% RXT-JFNC-100CSEQS3 100 1Ph 240V 2Pole/3Wire NEMA3R Aluminum X X X 30% RXT-JFNC-200CSEQS3 1 200 1Ph 240V I 2Pole/3Wire NEMA3R Aluminum X X X 30% RXT-JCTC-0100A-QS4 100 3Ph 208V 3%le/4Wire NEMA3R Aluminum X 30% RXT-JFTC-0100A-QS4 100 3Ph 240V 3%le/4Wire NEMA3R Aluminum X 30% RXT-JMTC-0100A-QS4 100 3Ph 480V 3Pole/4Wire NEMA3R Aluminum X 30% RXT-JCTC-0200A-QS4 200 3Ph 208V 3Pole/4Wire NEMA3R Aluminum X 30% RXT-JFTC-0200A-QS4 200 3Ph 240V 3%le/4Wire NEMA3R Aluminum X 30% RXT-JMTC-0200A-QS3 200 3Ph 480V 3%le/4Wire NEMA3R Aluminum X 30% RXT-JCTC-40OA-MV06 400 3Ph 208V 3%le/4Wire NEMA3R Aluminum X 30% RXT-JFTC-40OA-MV06 400 3Ph 240V 3%le/4Wire NEMA3R Aluminum X 30% RXT-JMTC-0400A-QS3 400 3Ph 480V 3%le/4Wire NEMA3R Aluminum X 30% RXT-JCVC-10OA-MV06 100 3Ph 208V 4%le/4Wire NEMA3R Aluminum X 30% RXT-JFVC-100A-MV06 100 3Ph 240V 4%le/4Wire NEMA3R Aluminum X 30% Part # RXT-JMVC-10OA-MV06 Amps 100 Phase 3Ph Voltage 480V Poles/Wire 4Pole/4Wire Enclosure Type NEMA3R Residential Enclosure Material Aluminum Load Service Center Entrance UL X cUL CSA Combined Board w/Load Shed Compatible with Load Shed Kit Sourcewell Discount 30% RXT-JCVC-20OA-MV06 200 3Ph 208V 4%le/4Wire NEMA3R Aluminum X 30% RXT-JFVC-20OA-MV06 200 3Ph 240V 4%le/4Wire NEMA3R Aluminum X 30% RXT-JMVC-20OA-MV06 200 3Ph 480V 4%le/4Wire NEMA3R Aluminum X 30% RXT-JCVC-40OA-MV06 400 3Ph 208V 4%le/4Wire NEMA3R Aluminum X 30% RXT-JFVC-40OA-MV06 1 400 1 3Ph 240V I 4%le/4Wire I NEMA3R Aluminum X 30% RXT-JMVC-40OA-MV06 1 400 1 3Ph 480V I 4%le/4Wire I NEMA3R Aluminum X 30% RXT-JCTC-10OA-MV03 100 3Ph 208V 3%le/4Wire NEMA3R Aluminum X X 30% RXT-JFTC-10OA-MV03 100 3Ph 240V 3%le/4Wire NEMA3R Aluminum X X 30% RXT-JMTC-10OA-MV04 100 3Ph 480V 3%le/4Wire NEMA3R Aluminum X X 30% RXT-JCTC-20OA-MV03 200 3Ph 208V 3%le/4Wire NEMA3R Aluminum X X 30% RXT-JFTC-20OA-MV03 200 3Ph 240V 3Pole/4Wire NEMA3R Aluminum X X 30% RXT-JMTC-20OA-MV04 200 3Ph 480V 3%le/4Wire NEMA3R Aluminum X X 30% RXT-JCTC-40OA-MV07 400 3Ph 208V 3%le/4Wire NEMA3R Aluminum X X 30% RXT-JFTC-40OA-MV07 400 3Ph 240V 3Pole/4Wire NEMA3R Aluminum X X 30% RXT-JMTC-40OA-MV04 400 3Ph 480V 3%le/4Wire NEMA3R Aluminum X X 30% RXT-JCVC-10OA-MV07 100 3Ph 208V 4%le/4Wire NEMA3R Aluminum X X 30% RXT-JFVC-10OA-MV07 100 3Ph 240V 4%le/4Wire NEMA3R Aluminum X X 30% RXT-JMVC-10OA-MV07 100 3Ph 480V 4%le/4Wire NEMA3R Aluminum X X 30% RXT-JCVC-20OA-MV07 200 3Ph 208V 4%le/4Wire NEMA3R Aluminum X X 30% RXT-JFVC-20OA-MV07 200 3Ph 240V 4%le/4Wire NEMA3R Aluminum X X 30% RXT-JMVC-20OA-MV07 200 3Ph 480V 4Pole/4Wire NEMA3R Aluminum X X 30% RXT-JCVC-40OA-MV07 400 3Ph 208V 4%le/4Wire NEMA3R Aluminum X X 30% RXT-JFVC-40OA-MV07 400 3Ph 240V 4%le/4Wire NEMA3R Aluminum X X 30% RXT-JMVC-400A-MV07 400 3Ph 480V 4%le/4Wire NEMA3R Aluminum X X 30% Residential •Products Part # Description C Coupled Discount KOH05-01 Energy Storage 5kWh Add -On 5 N/A 30% KOH10AC-7600-01 Energy Storage 10kWh AC -coupled 7600W 10 AC 30% KOH10DC-7600-01 Energy Storage 10kWh DC -coupled 7600W 10 DC 30% KOH 1 5AC-7600-01 Energy Storage 15kWh AC -coupled 7600W 15 AC 30% KOH15DC-7600-01 Energy Storage 15kWh DC -coupled 7600W 15 DC 30% KOH20AC-7600-01 Energy Storage 20kWh AC -coupled 7600W 20 AC 30% KOH20DC-7600-01 Energy Storage 20kWh DC -coupled 7600W 20 DC 30% KOH10AC-7600-01-NA Energy Storage 10kWh AC -coupled 7600W AT&T 10 AC 30% KOH10DC-7600-01-NA Energy Storage 10kWh DC -coupled 7600W AT&T 10 DC 30% KOH 1 5AC-7600-01 -NA Energy Storage 15kWh AC -coupled 7600W AT&T 15 AC 30% KOH15DC-7600-01-NA Energy Storage 15kWh DC -coupled 7600W AT&T 15 DC 30% KOH20AC-7600-01-NA Energy Storage 20kWh AC -coupled 7600W AT&T 20 AC 30% KOH20DC-7600-01-NA Energy Storage 20kWh DC -coupled 7600W AT&T 20 DC 30% Services Category Freight • urcewell Discount 5% Startup 5% Training 5% Rental Rates 5% Used Kohler Equipment 5% Kohler Parts 5% Custom Tanks & Enclosures 5% Custom ATSs 5% Prevantative Maintenance Agreements/Service (all brands) 5% Installation by contractors (turn -key) 5% Design and customization 5% Engineering 5% Commissioning 5% Decommising and repurposing 5% Repairs 5% DocuSign Envelope ID: 77A951 D&CMD-4F18-9290-54FB543830A2 SOURCEWELL STATE OF MINNESOTA Member Thomas moved the adoption of the following Resolution: RESOLUTION TO APPROVE SOLICITATION AND/OR RE -SOLICITATION OF CATEGORIES 7/19/2022 Resolution No. 2022-20 Sourcewell ► i WHEREAS, Sourcewell desires to issue a solicitation, and is seeking permission from the Board to issue a solicitation, for the categories listed on Appendix A, which is attached and incorporated. WHEREAS, through the Sourcewell Procurement Policy, the Board designated the Chief Procurement Officer to administer Sourcewell's cooperative purchasing and contracting program; and WHEREAS, the Chief Procurement Officer recommends approval of categories detailed above. NOW THEREFORE BE IT RESOLVED that the Board of Directors hereby approves the solicitation of categories. The motion for the adoption of the foregoing resolution was duly seconded by Member and the following voted in favor: (list names here) zylka, Nagel, Thiel, Thomas, Barrows, Arts, Kircher and the following voted against: (list names here or "NONE") None whereupon said resolution was declared duly passed and adopted. ATTEST: EDocuSigned by: ava Naft 9BEF5D6F88D140B... Clerk to the Board of Directors Kircher DocuSign Envelope ID: 77A95lD6-CA4D-4F18-9290-54FB543830A2 APPENDIX A SOURCEWELL PROCUREMENT DEPARTMENT BOARD ITEMS - July 2022 Requesting Board permission to Solicit the following categories: Conducted Energy Weapons O z (A m z D G) m Z v D Requesting Board permission to Re -Solicit the following categories: Electrical Energy Power Generation with Related Services Trailers with Related Equipment, Accessories, and Services v, NEW CONTRACTS Supplier Name Contract Number Solicitation Title Advanta Health Solutions, Inc. 051922-ADV "Wellness Engagement Program Solutions and Related Services" HealthSource Solutions, LLC 051922-HSS "Wellness Engagement Program Solutions and Related Services" O z Lifemark Occupational Health and Wellness 051922-LFM "Wellness Engagement Program Solutions and Related Services" ,` ; Propel, Inc. 051922-PRL "Wellness Engagement Program Solutions and Related Services" 4 Telligen, Inc. 051922-TGN "Wellness Engagement Program Solutions and Related Services" D G1 Virgin Pulse, Inc. 051922-VRG "Wellness Engagement Program Solutions and Related Services" z WellSpark Health, Inc. 051922-WSH "Wellness Engagement Program Solutions and Related Services" v D M m N CONTRACT EXTENSIONS Supplier Name Contract Number Solicitation Title NEW IDIQ CONTRACTS Company Name Contract Number State - Region - Type of Work Mans Construction Company NM-R1-E-060222-MCO New Mexico - Region 1 - Electrical Ross Wes Electrical Services NM-R1-E-060222-RWE New Mexico - Region 1- Electrical Core Construction Services of Texas NM-RI-GC-060222-CCT New Mexico - Region 1- General Construction Consolidated Builders of NM NM-RI-GC-060222-COB New Mexico - Region 1- General Construction GM Builders, Inc. NM-RI-GC-060222-GMB New Mexico - Region 1- General Construction HB Construction, Inc. NM-RI-GC-060222-HCO New Mexico - Region 1- General Construction Mans Construction Company NM-RI-GC-060222-MCO New Mexico - Region 1- General Construction Dallago Corporation NM-RI-HVAC-060222-DCO New Mexico - Region 1- Mechanical/HVAC Dallago Corporation NM-R1-P-060222-DCO New Mexico - Region 1- Plumbing National Roofing Company, Inc. NM-R1-R-040622-NRC New Mexico - Region 1- Roofing DKG & Associates, Inc. NM-R1-R-060222-DKG New Mexico - Region 1- Roofing GM Builders, Inc. NM-RI-R-060222-GMB New Mexico - Region 1- Roofing Mans Construction Company NM-R2-E-060222-MCO New Mexico - Region 2 - Electrical Ross Wes Electrical Services NM-R2-E-060222-RWE New Mexico - Region 2 - Electrical Core Construction Services of Texas NM-R2-GC-060222-CCT New Mexico - Region 2 - General Construction Consolidated Builders of NM NM-R2-GC-060222-COB New Mexico - Region 2 - General Construction GM Builders, Inc. NM-R2-GC-060222-GMB New Mexico - Region 2 - General Construction HB Construction, Inc. NM-R2-GC-060222-HCO New Mexico - Region 2 - General Construction WWRC, Inc. NM-R2-GC-060222-WRI New Mexico - Region 2 - General Construction WWRC, Inc. NM-R2-HVAC-060222-WRI New Mexico - Region 2 - Mechanical/HVAC WWRC, Inc. NM-112-P-060222-WRI New Mexico - Region 2 - Plumbing DKG & Associates, Inc. NM-R2-R-060222-DKG New Mexico - Region 2 - Roofing GM Builders, Inc. NM-R2-R-060222-GMB New Mexico - Region 2 - Roofing National Roofing Company, Inc. NM-R2-R-060222-NRC New Mexico - Region 2 - Roofing WWRC, Inc. NM-R2-R-060222-WRI New Mexico - Region 2 - Roofing Mans Construction Company NM-R3-E-060222-MCO New Mexico - Region 3 - Electrical Consolidated Builders of NM NM-R3-GC-060222-COB New Mexico - Region 3 - General Construction Jim Sena Construction Co., Inc. NM-R3-GC-060222-JSC New Mexico - Region 3 - General Construction Junior Builders NM-R3-GC-060222-JUB New Mexico - Region 3 - General Construction DocuSign Envelope ID: 77A951D6-CA4D-4F18-9290-54FB543830A2 APPENDIX A Continued WWRC, Inc. NM-R3-HVAC-060222-WRI New Mexico - Region 3 - Mechanical/HVAC Junior Builders NM-R3-P-060222-JUB New Mexico - Region 3 - Plumbing WWRC, Inc. NM-R3-P-060222-WRI New Mexico - Region 3 - Plumbing GM Builders, Inc. NM-R3-R-060222-GMB New Mexico - Region 3 - Roofing Jim Sena Construction Co., Inc. NM-R3-R-060222-JSC New Mexico - Region 3 - Roofing WWRC, Inc. NM-R3-R-060222-WRI New Mexico - Region 3 - Roofing Mans Construction Company NM-R4-E-060222-MCO New Mexico - Region 4 - Electrical Consolidated Builders of NM NM-R4-GC-060222-COB New Mexico - Region 4 - General Construction Jim Sena Construction Co., Inc. NM-R4-GC-060222-JSC New Mexico - Region 4 - General Construction Junior Builders NM-R4-GC-060222-JUB New Mexico - Region 4 - General Construction National Construction, Inc. NM-R4-GC-060222-NCI New Mexico - Region 4 - General Construction WWRC, Inc. NM-R4-GC-060222-WRI New Mexico - Region 4 - General Construction WWRC, Inc. NM-R4-HVAC-060222-WRI New Mexico - Region 4 - Mechanical/HVAC Junior Builders NM-R4-P-060222-JUB New Mexico - Region 4 - Plumbing Master Plumbers, LLC NM-R4-P-060222-MAP New Mexico - Region 4 - Plumbing WWRC, Inc. NM-R4-P-060222-WRI New Mexico - Region 4 - Plumbing DKG & Associates, Inc. NM-R4-R-060222-DKG New Mexico - Region 4 - Roofing GM Builders, Inc. NM-R4-R-060222-GMB New Mexico - Region 4 - Roofing Jim Sena Construction Co., Inc. NM-R4-R-060222-JSC New Mexico - Region 4 - Roofing Mans Construction Company NM-R4-R-060222-MCO New Mexico - Region 4 - Roofing WWRC, Inc. NM-R4-R-060222-WRI New Mexico - Region 4 - Roofing Mans Construction Company NM-R5-E-060222-MCO New Mexico - Region 5 - Electircal Ross Wes Electrical Services NM-R5-E-060222-RWE New Mexico - Region 5 - Electircal Core Construction Services of Texas NM-R5-GC-060222-CCT New Mexico - Region 5 - General Construction Consolidated Builders of NM NM-R5-GC-060222-COB New Mexico - Region 5 - General Construction GM Builders, Inc. NM-R5-GC-060222-GMB New Mexico - Region 5 - General Construction HB Construction, Inc. NM-R5-GC-060222-HCO New Mexico - Region 5 - General Construction White Sands Construction, Inc. NM-R5-GC-060222-WSC New Mexico - Region 5 - General Construction DKG & Associates, Inc. NM-R5-R-060222-DKG New Mexico - Region 5 - Roofing GM Builders, Inc. NM-R5-R-060222-GMB New Mexico - Region 5 - Roofing Mans Construction Company NM-R5-R-060222-MCO New Mexico - Region 5 - Roofing National Roofing Company, Inc. NM-R5-R-060222-NRC New Mexico - Region 5 - Roofing Smith Roofing, Inc. NM-R5-R-060222-SMR New Mexico - Region 5 - Roofing IDIQ Contract Extensions Company Name Contract Number Place Services, Inc. KY-E-GC01-062420-PLS The Lusk Group KY-E-RW01-062420-LMC Calhoun Construction Services KY-NC-GCO2-062420-CAC The Lusk Group KY-W-E02-062420-LMC Tecta America Corp. KY-W-RW02-062420-TEA Place Services, Inc. KY-NC-GC03-062420-PLS Place Services, Inc. KY-NC-E01-062420-PLS The Lusk Group KY-NC-RW01-062420-LMC The Lusk Group KY-NC-E02-062420-LMC The Lusk Group KY-W-RW01-062420-LMC Tecta America Corp. KY-NC-RW02-062420-TEA Tecta America Corp. KY-E-RW02-062420-TEA Triton Services, Inc. KY-NC-HVAC01-062420-TRS The Lusk Group KY-W-GC03-062420-LMC The Lusk Group KY-E-HVAC01-062420-LMC The Lusk Group KY-E-E02-062420-LMC The Lusk Group KY-NC-GC05-062420-LMC The Lusk Group KY-E-GC03-062420-LMC Place Services, Inc. KY-W-E01-062420-PLS Place Services, Inc. KY-W-GC01-062420-PLS Place Services, Inc. KY-E-E01-062420-PLS Triton Services, Inc. KY-NC-GC01-062420-TRS The Lusk Group KY-W-HVAC01-062420-LMC F.H. Paschen, S.N. Nielsen & Associates, LLC KY-NC-GC04-062420-FHP F.H. Paschen, S.N. Nielsen & Associates, LLC KY-W-GCO2-062420-FHP F.H. Paschen, S.N. Nielsen & Associates, LLC KY-E-GCO2-062420-FHP The Lusk Group KY-NC-HVACO2-062420-LMC DocuSign Envelope ID: B5DCB48D-BAB3-4F92-AE01-40EA51A146A0 SOURCEWELL STATE OF MINNESOTA Member Thi el moved the adoption of the following Resolution: RESOLUTION TO RATIFY COOPERATIVE CONTRACTING AWARDS 12/20/2022 Resolution No. 2022-34 Sourcewell ! i WHEREAS, the Sourcewell Board of Directors previously authorized the solicitations for the cooperative categories listed on Appendix A, which is attached and incorporated; and WHEREAS, Sourcewell issued the cooperative contracting solicitations for the authorized categories; and WHEREAS, through the Sourcewell Procurement Policy, the Board designated the Chief Procurement Officer to administer Sourcewell's cooperative purchasing and contracting program and to award all competitively solicited contracts, without limitation; and WHEREAS, the Chief Procurement Officer made the awards listed based on the results of the competitive solicitation process; and WHEREAS, the Board acknowledges that the awards made by the Chief Procurement Officer are valid and binding; however, based upon some members' legal requirements the Chief Procurement Official is required to seek subsequent Board ratification of all cooperative purchasing awards. NOW THEREFORE BE IT RESOLVED by the Board of Directors ratifies the cooperative contracting awards made by the Chief Procurement Officer listed on Appendix A. The motion for the adoption of the foregoing resolution was duly seconded by Member Nagel and the following voted in favor: (list names here) zylka, Veronen, Nagel, Thiel, Thomas, Barrows, Arts, ►circher and the following voted against: (list names here or "NONE") None whereupon said resolution was declared duly passed and adopted. ATTEST: DocuSigned by: E ava Na ft 9BEF5D6F88D140B... Clerk to the Board of Directors DocuSign Envelope ID: B5DCB48D-BAB3-4F92-AE01-40EA5lA146A0 APPENDIX A SOURCEWELL PROCUREMENT DEPARTMENT BOARD ITEMS - Decemberr 2022 Requesting Board permission to Solicit the following categories: n NONE O Z Ln m Z D ZM Requesting Board permission to Re -Solicit the following categories: D Scoreboards, Digital Displays, and Video Boards with Related Services Recycling and Repurposing Equipment m 9 Salt, Brine, and Anti -Icing or De -Icing Agents, and Brine Production and Storage Systems Ln Employee Financial Wellness Programming and Related Employer -Sponsored Financial Solutions NEW CONTRACTS Supplier Name Contract Number Solicitation Title Axon Enterprise, Inc. 092722-AXN "Conducted Energy Weapons" Phazzer, LLC 092722-PZR "Conducted Energy Weapons" Caterpillar, Inc. 092222-CAT "Electrical Energy Power Generation Equipment with Related Parts, Supplies and Services" cn O z Ln Cummins, Inc. 092222-CMM "Electrical Energy Power Generation Equipment with Related Parts, Supplies and Services" Z > D Generac Power Systems 092222-GNR "Electrical Energy Power Generation Equipment with Related Parts, Supplies and Services" m Z v Kohler Company 092222-KOH "Electrical Energy Power Generation Equipment with Related Parts, Supplies and Services" D m MTU Americas dba Rolls-Royce Solutions America, Inc. 092222-RYC "Electrical Energy Power Generation Equipment with Related Parts, Supplies and Services" 9 CONTRACT EXTENSIONS Supplier Name Contract Number Solicitation Title Company Name Contract Number State - Region - Type of Work Ernst & Young Advisors 101718-EYG "Wireless Technology Infrastructure Consultative Services'' W.W. Grainger, Inc. 121218-WWG "Facility MRO, Industrial & Building Supplies with Related Equipment, Accessories, Supplies & Services" CNH Industrial 032119-CNH "Heavy Construction Equipment with Related Accessories, Attachments, and Supplies" Hyundai Construction Equipment 032119-HCE "Heavy Construction Equipment with Related Accessories, Attachments, and Supplies" Komatsu America Corp. 032119-KOM "Heavy Construction Equipment with Related Accessories, Attachments, and Supplies" Volvo, LLC 032119-VCE "Heavy Construction Equipment with Related Accessories, Attachments, and Supplies" SHI International Corp. 081419-SHI "Technology Catalog Solutions" CDW Government, LLC 081419-CDW "Technology Catalog Solutions" GovConnection, Inc. 081419-GVC "Technology Catalog Solutions" Colonial Life & Accident Insurance 100319-CLA "Group Employee Benefits and Related Services" National Cooperative Leasing 011620-NCL "Tax -Exempt Municipal Leasing with Related Services" Staples Contract & Commercial 012320-SCC "Office Supply Catalog Solutions" NEW I DIQ CONTRACTS IDIQ Contract Extensions Company Name Contract Number Lee Construction and Maintenance Company TX-NT-EC-101619-LCM DocuSign Envelope ID: B5DCB48D-BAB3-4F92-AE01-40EA51A146A0 APPENDIX A Continued G2 General Contractors TX-NT-APC-101619-GGC G2 General Contractors TX-NT-P-101619-GGC G2 General Contractors TX-NT-W-101619-GGC Centennial Contractors Enterprises, Inc. TX-NT-GC-101619-CCE Gomez Floor Covering, Inc. dba GFC Contracting TX-NT-F-101619-GFC Dallas Harmony Construction, LLC TX-NT-APC-101619-DHC CORE Construction Services of Texas, Inc. TX-NT-APC-101619-CCT CORE Construction Services of Texas, Inc. TX-NT-P-101619-CCT Lee Construction and Maintenance Company TX-NT-P-101619-LCM Gomez Floor Covering, Inc. dba GFC Contracting TX-NT-P-101619-GFC Lee Construction and Maintenance Company TX-NT-GC-101619-LCM WR Construction, Inc. TX-PH-GC-101619-WRC CORE Construction Services of Texas, Inc. TX-PH-GC-101619-CCT CORE Construction Services of Texas, Inc. TX-PH-APC-101619-CCT CORE Construction Services of Texas, Inc. TX-PH-P-101619-CCT Tri-State General Contracting Group, Inc. 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