RSC015482_Contract.pdf

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

OPTIONAL USE CONTRACT FOR: HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES

CONTRACT No.: RSC015482

CONTRACT ID: CTR015482

EFFECTIVE DATES: 10/10/2023 to 4/14/2027

SUPPLIER: CATERPILLAR, INC.

The State of Ohio Department of Administrative Services (DAS) has agreed to participate in a consortium contract. Sourcewell is the lead entity and their Master Price Agreement number is 011723-CAT. This contract is administered by Sourcewell. The State of Ohio has accepted prices as a result of Solicitation Number 011723, which opened on 1/17/23. Sourcewell completed the evaluation of the proposal response(s). The respective Proposal, including the incorporated contract terms and conditions, standard contract terms and conditions, special contract terms & conditions, any bid addenda, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS, and the State of Ohio, Standard Terms and Conditions become a part of this Optional Use Contract.

This Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated or cancelled in accordance with the Contract Terms and Conditions.

CONTRACT RENEWAL. This Contract may be renewed after the ending date of the Contract solely at the discretion of the Contracting Agency for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the Contracting Agency for any number of times and for any period of time. The cumulative time of all mutual renewals may not exceed 4/14/2028 unless the Contracting Agency determines that additional renewal is necessary.

This Contract is available to State Agencies, State institutions of higher education and properly registered members of the Cooperative Purchasing Program of the Department of Administrative Services, as applicable.

Agencies are eligible to make purchases of the listed supplies and/or services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that agencies will purchase the volume of supplies and/or services.

This Optional Use Contract and any Amendments thereto are available from the OhioBuys public portal at the following address:

https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Signed: _____________________________________________________________________ Kathleen C. Madden, Director Date https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

1 - SPECIFICATIONS AND REQUIREMENTS

STATE OF OHIO

CONTRACT FOR

HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES

AS ISSUED BY SOURCEWELL CAN BE FOUND BY CLICKING THE LINK BELOW:

SOURCEWELL CONTRACT #011723-CAT

ORIGINAL RFP

PRICING INFORMATION

The following products or services are included in this contract portfolio: All new heavy construction equipment, related accessories, attachments, and supplies.

EXCLUSIONS: The following products or services are not included in this agreement:

• Rental equipment, accessories, attachments, and supplies

• Use equipment, accessories, attachments, and supplies

• Leasing and financing options

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 04/10/23) will apply to this Contract.

3 - CONTRACT SPECIFIC TERMS AND CONDITIONS

3.1 - ORDER OF PRIORITY

The State of Ohio Standard Contract Terms and Conditions are hereby incorporated into this Participating Addendum (PA) and shall be binding on the contractor. If there is any inconsistency or conflict between the PA Agreement and the Consortium Terms and Conditions, the PA Agreement will prevail. Notwithstanding anything to the contrary, all pricing shall be governed solely by the terms of the Consortium Contract.

3.2 - AMENDMENT TO CONTRACT TERMS AND CONDITIONS

The following Amendments to the State of Ohio Standard Contract Terms and Conditions do hereby become a part hereof. In the event that an amendment conflicts with the State of Ohio Standard Contract Terms and Conditions, the Amendment will prevail.

3.3 - COOPERATIVE PURCHASING CONTRACT

This Contract may be utilized by Cooperative Purchasing Members. Cooperative Purchasing Members” or “Co-op Members” are entities that qualify for participation in the State’s cooperative purchasing program under Section 125.04 of the Ohio Revised Code (“ORC”) and that have completed the steps necessary to participate in that program. They may include Ohio political subdivisions, such as counties, townships, municipal corporations, school districts, conservancy districts, township park districts, park districts created under Chapter 1545 of the ORC, regional transit authorities, regional airport authorities, regional water and sewer districts, and port authorities. They also may include any Ohio county board of elections, state institutions of higher education, private fire companies, private, nonprofit emergency medical service organizations, and chartered nonpublic schools.

If a purchase is made from this Contract by an entity that is not properly registered with the State’s Cooperative Purchasing Program, it may be a violation of law, may be contrary to the entity’s competitive bidding requirements, and will be a breach of this Contract by the Contractor. If a Cooperative Purchasing Member relies upon this Contract to issue a purchase order or other ordering document, the Cooperative Purchasing Member “steps into the shoes” of the State under this Contract. The Cooperative Purchasing Member’s order and this Contract are between the Contractor and the Cooperative Purchasing Member. The Contractor must look solely to the Cooperative Purchasing Member for performance, including payment. The Contractor agrees to hold the state of Ohio harmless with regard to Cooperative Purchasing Member’s orders and Cooperative Purchasing Member’s performance. DAS may cancel this Contract and may seek remedies if the Contractor fails to honor its obligations under an order from a Cooperative Purchasing Member.

https://files.sourcewell.org/public/Shared%20Documents/Solicitations/011723-10629/011723-CAT/Contract%20Documents/Caterpillar%20Contract%20011723.pdf https://files.sourcewell.org/public/Shared%20Documents/Solicitations/011723-10629/Solicitation%20Documents/RFP%20and%20Addendums-Heavy%20Const.%20011723.pdf https://www.sourcewell-mn.gov/cooperative-purchasing/011723-CAT https://procure.ohio.gov/static/pdf/About_Procurement/Procurement_Policies/Standard_T_C_04-10-23.pdf

3.4 - AUTHORIZED DEALERS

The Contractor may name dealers to represent the manufacturer for sales, service, warranty, and other responsibilities on the Contractor’s behalf for State of Ohio agencies, DAS Cooperative Purchasing Program members and other entities authorized to use this Contract to make purchases. Named dealers must be designated by completion of the Contractor Authorization of a Dealer letter. If a Contractor elects to designate authorized dealer, the authorized dealer must:

1. Complete, sign and submit a Dealer Acceptance Agreement Letter, available from DAS. The Dealer Acceptance Agreement Letter must be completed on dealer letterhead, signed by the dealer and submitted to DAS.

2. Be licensed by the Ohio Secretary of State to do business in the State of Ohio.

3. Be free of financial findings of recovery by the State of Ohio or the Federal Government and not be debarred by any state of Ohio government agency.

4. Provide a completed Federal IRS W9 form and, if not already held, obtain a supplier identity (Supplier ID number) in the State of Ohio’s OAKS enterprise system.

5. Provide an affirmative action plan for review and approval via the Ohio Business Gateway (OBG) by the Ohio

Department of Development.

Subject to DAS approval, Contractor may remove or add dealers during the term of this Contract by written request to DAS.

Dealer may only offer the products or services specified in this Contract.

3.5 - FREIGHT AND TRANSPORTATION CHARGES

Shipment is to be made by private or commercial freight service provider, air, rail, water, parcel post, express or commercial package delivery, whichever is the most economical and expeditious method for proper delivery of the item.

3.6 - CONTRACTOR QUARTERLY SALES REPORT

The Contractor must report the quarterly dollar value (in U.S. dollars and rounded to the nearest whole dollar) of the sales to Cooperative Purchasing Members under this Contract by calendar quarter (e.g. January-March, April-June, July-September and October-December). The dollar value of the sale is the price paid by the Contract user for the products and/or services listed on the purchase order or other encumbering document, as recorded by the Contractor.

To submit this quarterly sales report, the Contractor is responsible for obtaining access to OhioBuys and must report the quarterly dollar value of sales to Cooperative Purchasing Members to the Department of Administrative Services (DAS) via the Internet using OhioBuys at the following web address supplier-emarketplace.ohio.gov. If no sales occur, the Contractor must report zero. The report must be submitted no later than thirty (30) days following the completion of the reporting period.

The Contractor shall also submit a close-out report within one hundred and twenty (120) days after the expiration of this Contract. The Contract expires upon the physical completion of the last outstanding task or delivery order of the Contract. The close-out report must cover all sales not shown in the final quarterly report and reconcile all errors and credits. If the Contractor reported all contract sales and reconciled all errors and credits on the final quarterly report, then the Contractor should show zero “0” sales in the close-out report.

If the Contractor fails to submit sales reports, falsifies reports or fails to submit sales reports in a timely manner, DAS may terminate this Contract.

3.7 - CONTRACTOR REVENUE SHARE

The Contractor must pay to the State a share of the sales transacted under this Contract as a fee to the State to cover the estimated costs the State will incur in administering this Contract and the Services offered under it (“Revenue Share”).

The Contractor must remit the Revenue Share in U.S. dollars within 30 days after the end of the quarterly reporting period.

The Revenue Share that the Contractor must pay under this Contract equals ¾ of 1% of the total quarterly sales reported.

The Revenue Share must be included in the prices reflected in any order and reflected in the total amount charged to the State, and the Contractor may not add a surcharge to orders under this Contract to cover the cost of the Revenue Share.

The Contractor must remit any amount due as the result of a quarterly or closeout sales report at the time the quarterly or closeout sales report is submitted to the Department of Administrative Services, Office of State Purchasing. To ensure the payment is credited properly, the Contractor must identify the payment as a “State of Ohio Revenue Share” and include this Contract number, total report amount, and reporting period covered.

Contractor will pay the Revenue Share by check remittance, both normal and overnight, credit card payment via the State’s epayment portal, or ACH payment, if approved by the State, using the instructions below.

Check remittance:

Follow the remittance instructions on the required Quarterly Sales Report and Revenue Share Remittance Form at the following link, https://das.ohio.gov/revenueshareform.

Credit Card Payments:

To pay by credit card, use the following link, https://epay.das.ohio.gov/Payment, select “Revenue Share” as the payment type and follow the on-screen prompts.

ACH Payments:

If this payment method is approved by the State, the State will provide payment instructions to Contractor.

If the full amount of the Revenue Share is not paid within 30 days after the end of the applicable reporting period, the non-payment will constitute a contract debt to the State. The State may setoff any unpaid Revenue Share from any amount owed to the Contractor under this Contract and employ all other remedies available to it under Ohio law for the non-payment of the Revenue Share. Additionally, if the Contractor fails to pay the Revenue Share in a timely manner, the failure will be a breach of this Contract, and the State may terminate this Contract for cause as set forth herein and seek damages for the breach.

4 - SPECIAL INSTRUCTIONS

4.1 - COMPETITIVE SELECTION – TWO PHASE AWARD-QUOTE

This contract is awarded to multiple Suppliers, providing the same or similar supplies or services in the same geographic area.

Ordering Agencies shall solicit quotes for the required supplies or services from multiple awarded Suppliers prior to ordering.

5 - DEALERS

Dealer Name Dealer ID EOD Status Boyd Company 1 Ohio Cat 2 https://das.ohio.gov/revenueshareform https://epay.das.ohio.gov/Payment