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FY2022-39 Purchase To NC Machinery In The Amount Of $867,489 (Contract Number TBD) Under The State Of Alaska NAPSO To Pursue Purchase Of New 2022 Dozer And Rebuilding The 2006 Dozer.OWNER — DISTRIBUTOR/MANUFACTURER AGREEMENT NOT USED Contract No. FY2022-39 THIS AGREEMENT, made this 8th day of June 2022, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and NC Machinery with the State of Alaska Procurement Contract, hereinafter called the Distributor. WITNESSETH: That the Distributor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish a 2022 CAT D7 Dozer for the Kodiak Island Borough per the Premium Specifications [part of the Contract Documents] for same and for the sum of $867,789.00, FOB Kodiak. The Distributor further covenants and agrees that the manufacturing of said 2022 CAT D7 Dozer shall be done to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Distributor further covenants and agrees that the manufacturing of said 2022 CAT D7 Dozer shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Specifications: that he will abide by and perform all stipulations, covenants, and agreements specified in the Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein: and in case any of said materials or labor shall be rejected by the Borough Manager or her assistant or authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew to the satisfaction and the approval of the Borough Manager or her representatives, at the cost and expense of the Distributor. To the fullest extent permitted by law, the Distributor agrees to defend, pay on behalf of, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers and others working on behalf of the Kodiak Island Borough against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the Kodiak Island Borough, its elected and appointed officials, employees, volunteers or others working on behalf of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this Agreement. The agreement entered into by the acceptance of the Distributor's bid and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. Pagel of 3 1. NC Machinery Quote with Specifications 2. State of Alaska DOT NASPO Contract In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. The Distributor further covenants and agrees that said 2022 CAT D7 Dozer shall be furnished and delivered to the satisfaction of the herein aforementioned Borough Manager, on or before Aprfl 30, 2023 unless a later date is agreed upon by both parties. It is expressly understood and agreed that in case of the failure on the part the Distributor for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said 2022 CAT D7 Dozer before, the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Distributor, or if no monies shall be due, the party of the first part shall have the right to recover One Hundred Dollars ($ 100) per day for each and every calendar day elapsing between the time stipulated, and the actual date of delivery in accordance with the terms thereof. said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Distributor of the existing causes over which said Distributor has no control and which must delay the delivery of said 2022 CAT D7 Dozer, the Borough Manager may at her discretion, extend the period herein before specified for the delivery of the said 2022 CAT D7 Dozer, and in such case the Distributor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Distributor hereby agrees to receive the prices set forth in the proposal as full compensation for delivering the 2022 CAT D7 Dozer to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Distributor shall not assign this contract, or any part thereof or any right to any of the monies to be paid him hereunder. Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough within thirty [30] days of delivery, acceptance by the Kodiak Island Borough and invoicing by Distributor. Page 2 of 3 IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and NC Machinery have hereunto set their hands and seals, the day and year first above written. KODIAK ISLAND BOROUGH B�\�� Y Roxanne Murphy Borough Manager By Q 2e�2Z David Conrad Engineering/Facilities Director Attest: a By1hrA gn�A � Nova Javier Borough Clerk Page 3 of 3 DISTRIBUTOR IIn Title: a �� 262853-01 NC MACHINERY April 25, 2022 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, Alaska 99615-6340 Attention: JEFF JOHNSON RE: Quote 262853-01 — State of Alaska DOT NASPO Contract Discount We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration. One (1) New Caterpillar Model: D7 Track Type Tractor with all standard equipment in addition to the specifications listed below: STOCK NUMBER: TBD - NEW SERIAL NUMBER: TBD - NEW YEAR: 2022 SMU: NEW Page 1 STANDARD EQUIPMENT POWERTRAIN C9.36 diesel engine EPA tier 4 final certified engine with after -treatment Air cleaner, strata tube precleaner with dust ejection Air filter w/electronic service indicator Hydraulic reversing demand fan 3 -planet double reduction planetary final drives Electric fuel priming pump UNDERCARRIAGE Clamp master link Equalizer bar Rollers, lifetime lubricated Track, lifetime lubricated 262853-01 Auto ether starting aid Turbocharger Fuel water separator Enhanced full auto shift Transmission, electronically controlled, powershift, 4 speed Automatic directional and downshift shift management Engine decelerator and brake pedals Track roller frames, tubular Track adjusters, hydraulic Sprocket rim segments, replaceable ELECTRICAL Backup alarm HD 24V Starter 4 HD maintenance free 12V batteries, 2000 CCA, 24V system Horn Converter, two 10 amp, 12V outlets OPERATOR ENVIRONMENT One piece ROPS cab Adjustable operator controls and armrests Cab mounted modular HVAC system Cup holders Lunchbox storage Electro -hydraulic implement & steering controls OTHER STANDARD EQUIPMENT Mounting provision for fire extinguisher Communication radio ready Engine enclosures, perforated, hinged, removable Bottom guards, hinged, removable Ground level service with remote electrical disconnect access 10 Inch full color LCD display integrated with rear camera Dash foot pads Rearview mirror 3 inch seatbelt Wipers Glove box Secondary shutdown switch & hour meter Hydraulics, independent steering, work tool and fan pumps Hydraulics, load sensing, dozer lift and tilt S.O.S sampling ports Vandalism protection for fluid compartments and battery box Page 2 262853-01 MACHINE SPECIFICATIONS D7 TRACTOR 524-4736 _ _ _ WASTE HANDLING PACKAGE 616-1703 GUARDED FINAL DRIVE 508-1978 ENGINE THERMAL HEAT SHIELD 506-3702 HIGH DEBRIS ENGINE AIR PRECLEANER 510-8802 WASTE HANDLING UNDERCARRIAGE 543-5286 22" EXTREME SERVICE HD XL TRACK SHOES WITH TRAP CENTER HOLES (41 SEC) 607-2564 NO CARRIER ROLLERS 506-7773 RIPPER CONTROL 519-4552 REVERSING FAN 569-4514 150AMP DUCTED ALTERNATOR 511-0249 HD ARCTIC BATTERIES 546-5886 12 WORK LIGHTS 570-0375 _ HIGH DEBRIS CAB —�J 583-9469 HEATED & VENTILATED SEAT 560-9088 QUICK ACCESS CAB FLOOR 588-6170 REAR CAMERA 577-8623 POWERED CAB PRECLEANER 1588-1061 PREMIUM CORP RADIO (12V) X579-5779 ARO W/ ASSIST 587-7162 PRODUCT LINK, PLE683/PLE783 RADIO 577-7698 l HD SEALED BOTTOM GUARDS 519-1278 HEAVY DUTY GRAB HANDLES 543-0547 MULTI SHANK RIPPER 541-7801 ENGINE COOLANT HEATER, 120V 537-5582 JUMP START POINT 536-6999 _ CB RADIO READY 589-3552 FUEL TANK GUARD 539-3164 LIGHT GUARDS 593-6049 WASTE SEALS 569-5263 GUARDED BULLDOZER PKG 539-9102 SEMI -U LANDFILL BLADE WITH WEAR PLATE 539-0777 1 PAPER SET OF PARTS AND SERVICE MANUALS 7 YEAR / 3000 HOUR CAT PREMIER WARRANTY - TECH TRAVEL TIME AND MILEAGE NOT INCLUDED — FREIGHT FROM FACTORY, FOB KODIAK, AK LANDFILL NEW MACHINE PREP AND ASSEMBLY Page 3 262853-01 NEW 2022 CAT D7 WASTE HANDLER DOZER LIST PRICE $1,014,245.00 2022 AKDOT NASPO CONTRACT DISCOUNT — 19% OFF LIST PRICE -$192,706.00 SUBTOTAL $821,539.00 NON -CAT PRICE LIST ITEMS FREIGHT FROM FACTORY - FOB KODIAK, AK LANDFILL $35,000.00 NEW MACHINE ASSEMBLY AND PREP $9,800.00 1 PAPER SET PARTS AND SERVICE MANUALS $1,150.00 TOTAL $867,489.00 WARRANTY Standard Warranty: 1 YEAR NEW CAT WARRANTY —TECHNICIAN TRAVEL TIME AND MILEAGE NOT INCLUDED Extended Warranty: 7 YEAR / 3000 HOUR CAT PREMIER WARRANTY — TECHNICIAN TRAVEL TIME AND MILEAGE NOT INCLUDED F.O.B/TERMS: KODIAK, AK LANDFILL Accepted by PL/1 �W)vmon ROxa.l, h -c- m Kph y 86YOUP MACLAGZMNAR IM, a�e V Signature We wish to thank you for the opportunity of quoting your equipment needs. This quotation is valid for 30 days, after which time we reserve the right to re -quote. If there are any questions, please do not hesitate to contact me. Sincerely, Steven Fisher Machine Sales Representative Cell: 907-748-7540 SFisher@NCMachinery.com Page 4 NASPO ValuePoint PARTICIPATING ADDENDUM CONSTRUCTION EQUIPMENT Led by the State of Oklahoma Master Agreement #: OK -SW -192 PA #: N2020CE0004 )*NASPO ValuePoint Contractor: CATERPILLAR, INC. Participating Entity: STATE OF ALASKA Master Agreement Teres and Conditions: 1. Scope: This addendum covers Construction Equipment led by the State of Oklahoma for use by state agencies and other entities located in the Participating State authorized by that State's statutes to utilize State contracts with the prior approval of the State's Chief Procurement Official. 2. Participation: This NASPO ValuePoint Master Agreement maybe used by all State Agencies, political subdivisions and other entities authorized to use statewide contracts in the State of Alaska. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Officer. 3. Primary Contacts: The primary contact individuals for this Participating Addendum are as follows (or their named successors): Contractor Name: Ann Schreifels Address: 100 NE Adams Street, Peoria IL 61629 Telephone: 309-266-0471 Fax: (907) 465-2189 Email: Schrelfels ann m(a�cat com Participating Entity Name: Mindy Birk Address: 333 Willoughby Ave., Suite 801, Juneau, AK 99801 Telephone: (907) 465-5678 Fax: (907) 465-2189 Email: Melinda. birk(7a a!aska.gov Page 1 of 5 NASPO ValuePoint N AS P Q PARTICIPATING ADDENDUM ValuePoint CONSTRUCTION EQUIPMENT Led by the State of Oklahoma 4. PARTICIPATING ENTITY MODIFICATIONS OR ADDITIONS TO THE MASTER AGREEMENT These modifications or additions apply only to actions and relationships within the Participating Entity. Participating Entity must check one of the boxes below. L] No changes to the terms and conditions of the Master Agreement are required. L ] The following changes are modifying or supplementing the Master Agreement terms and conditions. State of Alaska Additional Terms and Conditions The following terms and conditions are added to the Participating Addendum by the State of Alaska: 1) Required Reports: Contractor must submit quarterly reports to the following dedicated email address doaAss.vendorreporta( -alaska.Gov. The contractor shall provide the State of Alaska with an electronic usage report (Excel) which will list the following information at the minimum: purchasing entity, description of items purchased, date of purchase, contract price, retail price, and the extended price for each transaction. These reports are due 30 days after the end of the quarter. First Quarter: July 1 through September 30 Second Quarter: October 1 through December 31 Third Quarter: January 1 through March 31 Fourth Quarter: April 1 through June 30 2) Administrative Fee: Effective upon final signature, the Contractor shall submit a check, payable to the State of Alaska, remitted to the Department of Administration, Shared Services of Alaska for the calculated amount equal to 1.5% of the net sales for the quarterly period. a) Contractor must include the PA Number on the check. Those checks submitted to the State without the PA Number will be returned to Contractor for additional identifying information. Page 2 of 5 NASPO ValuePoint N A S P O PARTICIPATING ADDENDUM CONSTRUCTION EQUIPMENT ValuePoint Led by the State of Oklahoma b) Administrative fee checks shall be submitted to: ATTN: Purchasing Section State of Alaska Department of Administration Shared Services of Alaska PO Box 110210 Juneau, AK 99811-0210 c) The administrative fee shall not be included as an adjustment to Contractor's Master Agreement pricing and shall not be invoiced or charged to the ordering agency. d) Payment of the administrative fee is due irrespective of payment status on any orders from a Purchasing Entity. e) Administrative fee checks are due for each quarter as follows: Reporting Period Due Date State Fiscal Quarter 1 (Jul 1 - Sept 30): Oct 31 State Fiscal Quarter 2 (Oct 1 - Dec 31): Jan 31 State Fiscal Quarter 3 (Jan 1 - Mar 31): Apr 30 State Fiscal Quarter 4 (Apr 1 - Jun 30): Jul 31 f) Any quarter with zero sales must be reported as zero sales. This may be done electronically via email to the State of Alaska contact listed in this PA. 3) Payment: Payment for agreements under $500,000 for the undisputed purchase of goods or services provided to a state agency, will be made within 30 days of the receipt of a proper billing or the delivery of the goods or services to the location(s) specified in the agreement, whichever is later. A late payment is subject to 1.5% interest per month on the unpaid balance. Interest will not be paid if there is a dispute or if there is an agreement that establishes a lower interest rate or precludes the charging of interest. Payments may be made via a state or political subdivision "Purchasing Card" with no additional charges. Page 3 of 5 NASPO ValuePoint NASPO PARTICIPATING ADDENDUM I hint Q CONSTRUCTION EQUIPMENT Va u e Led by the State of Oklahoma 5. Lease Agreements: Leasing and advance payment for the acquisition of equipment under this PA is permitted as noted in number 11 under Terms and Conditions of Master Agreement #OK -SW -192. 6. Subcontractors: All contactors, dealers, and resellers authorized in the State of Alaska, as shown on the dedicated Contractor (cooperative contract) website, are approved to provide sales and service support to participants in the NASPO ValuePoint Master Agreement. The contractor's dealer participation will be in accordance with the terms and conditions set forth in the aforementioned Master Agreement. 7. Orders: Any order placed by a Participating Entity or Purchasing Entity for a product and/or service available from this Master Agreement shall be deemed to be a sale under (and governed by the prices and other terms and conditions) of the Master Agreement unless the parties to the order agree in writing that another contract or agreement applies to such order. Page 4 of 5 NASPO ValuePoint PARTICIPATING ADDENDUM CONSTRUCTION EQUIPMENT Led by the State of Oklahoma NASPO ValuePoint IN WITNESS, WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below. Participating Entity: Contractor: S�i ie off' Alas% 6,4-Ttk Signature: Signatu e: Name: Name: Mindy Birk C Title: Contracting Officer III Title: /�,,� / 6c / // /� /a- '� �I /�,, a A a� DateDate: / 12,017 t5 ig For questions on executing a participating addendum, please contact: NASPO ValuePoint Cooperative Development Coordinator: Tim Ha Telephone: 503-428-5705 Email: thay@naspovaluepoint.org [Please email fully executed PDF copy of this document to PA Ca7-nasp o valuepoint. ora to support documentation of participation and posting in appropriate data bases.] Page 5 of 5