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22-124.00 Western States Cat: Maintenance Shop Standby Generator WESTERN AT 22- ►ZGI r STATES � Proposal Project: Spokane Valley Maintenance Shop Date: 06/20/2022 Quote: 31080750 Attn:Aaron Clary Valid: 15 days From: Brant Briody Generator Set: Manufacturer: Caterpillar Model: D5OGC KW: 50 Rating: Standby Fuel:Diesel Voltage:120/2401 ph 3 wire Frequency: 60 hz UL2200 Listed:Yes Misc Items: Controls: Control Panel:GCCP 1.2 Speed Control:Electronic Isochronous Remote Alarm Panel:None Alarm Panel Mounting:Not Applicable Remote Emergency Stop: 1-Shipped Loose Remote Communications:Modbus RS-485 Misc Items: Accessory Systems: Coolant Heater: Yes 120 vac Battery Heater: None Alternator Heater:None Battery Charger:10 amp NFPA110 Battery System: Wet Battery,Rack and Cables 12 vdc Misc Items: Alternator/Breaker: Excitation System:SE Brushless Voltage Regulator:Cat standard Ground Fault: Not required Circuit Breaker#1:250A 100%rated LSI with adjustable trip Misc Items: Packaging: Enclosure:Sound Attenuated Sound Level:Level 2 Fuel Tank:24 Hr Fuel Tank Type: Double Wall UL142 Exhaust System: Interior Mounted Enclosure Color:White Electrical Package:Yes Misc Items: 5 gallon fuel fill spill containment box with overfill prevention valve Automatic Transfer Switch: ATS Number:ATS-1 Manufacturer:Thomson Technologies Model: TS870 Amperage:200 Poles:2 Enclosure:Nema 3R w/heater Voltage:240/120 1 ph 3 w Type:Open Transition SUSE Rated:No Control Panel: Digital Exerciser:Deluxe Programmable KAIC Rating: ATS Standard KAIC Cycle: 3 Quantity:1 Misc Items: ATS includes NEMA 3R double door,lockable.Internally powered heater. Total price for above package $32,861 Included: Startup:PS-Specialist Freight:Included to first destination Maintenance Program:Available Site Load test:100%available building load Spare parts kit:No Factory Test:100%load Warranty Genset:60 month platinum Owner training:Yes Warranty ATS:24 month standby(parts labor&travel) Page 1 of 3 Not included: Installation Offloading at jobsite Taxes/Permits of any kind/Any engineering Anchors and anchor calculations Coordination Studies Third party testing Any fuel or fuel piping Notes and clarifications: Quoted via Sourcewell contract number 120617-CAT for Sourcewell client number 27019 (City of Spokane Valley WA) Terms: 100%of payment is required prior to startup and testing on the jobsite. Payment terms are in accordance with WSECO Standard terms upon approved account. No retainer is allowed unless specifically agreed to in writing prior to order placement. Cancellation charges minimum of 25%once released.No return on manual transfer switches. No Liquidated Damages of any type,unless specifically agreed to in writing prior to order. Due to the worldwide ongoing supply chain issues,the above listed price for the equipment and/or parts is solely an estimate and is subject to further change and increase. Final pricing shall be determined upon Western States Equipment Company's receipt of the equipment and/or parts from the manufacturer,and shall be communicated to customer at that time,and pursuant to a final invoice. Thank you for the opportunity to quote quality Caterpillar products and services. Please let me know how we can be of assistance. Sincerely, Accepted By:/ /v - Brant Briody Signature: Power System Sales Spokane: 509-535-1744 John Hohman,City Manager Missoula: 406-721-4050 Printed Name: Kalispell: 406-752-3030 Pasco: 509-547-9541 City of Spokane Valley Lewiston: 208-746-3301 Company: 1. METHODS OF ACCEPTANCE and TERMS OF AGREEMENT:This Machine Sales Order("MSO")is an offer for the sale of the equipment and attachments described on the face hereof(referred to herein generally as"equipment"and"goods"interchangeably)to Customer under the terms and conditions specified herein. This offer may be accepted by(1)the execution of this MSO by a representative of Customer or(2)Customer's verbal or written authorization or conduct consistent with prior course of dealing between the parts authorizing WSECO to take action to fulfill this order,or(3)the commencement of manufacture or shipment of the goods or services specified in this Order,whichever of the foregoing first occurs. Acceptance of this offer is limited to the express terms stated in this Order. Any proposal in Buyer's acceptance for additional or different terms or any attempt by Customer to vary in any degree any of the terms or any attempt by Customer to vary in any degree any of the terms of this offer is objected to and hereby rejected,but such proposals shall not operate as a rejection of this offer,unless such variances are in the terms of the description,quantity,price or delivery schedule of the goods or services,but shall be deemed a material alteration of this Order and this offer shall be deemed accepted by Seller without said additional or different terms. Once accepted,this Order shall constitute the entire agreement between WSECO and Customer with regard to the good and services specified in this Order,and exclusively determines the rights and obligations of the parties,prior course of dealing,customer,usage of trade or course of performance notwithstanding. WSECO is not bound by any representation or agreements,express or implied,oral or otherwise,which are not stated within this agreement or contained in a separate writing supplementing this agreement and signed by authorized agents of both WSECO and Customer. Page 2 of 3 2.TIME OF DELIVERY and SHIPPING. Orders for equipment are processed in the order of their acceptance by WSECO and WSECO will use its reasonable efforts to deliver the equipment to You on the scheduled delivery date on the face hereof. However,shipping and delivery dates are acknowledged to be estimates only and dependent upon many factors outside of WSECO's control including,but not limited to,the manufacturer's production schedule,material and labor shortages,shipping delays and various other unrelated factors. WSECO is not liable for delays or damages caused by delays in delivery or shipment of the equipment,unless stated on the face of this order to the contrary. You are responsible for all freight,shipping,loading and unloading costs. 3.To secure Customer's obligations under this agreement and to secure all of Customer's present or future debts,obligations or liabilities of whatever nature to WSECO,Customer grants to WSECO a security interest in the goods described on the reverse side hereof,together with any attachments or accessions thereto and proceeds from the sale or lease thereof. Customer agrees to deliver to WSECO,properly executed,any certificate of title or other document or instrument required by WSECO to perfect WSECO's security interest as created in this paragraph. Customer also authorizes WSECO to file financing statement(s)with respect to the security interest granted herein. 4. Risk of loss of the goods shall pass to Customer as soon as the goods are properly loaded on the carrier. WSECO's responsibility for shipment ceases upon delivery of the goods to a transportation company. Customer shall carry such fire and other insurance as necessary to protect its interest and the interest of WSECO. Any claim by Customer for shortage in shipment shall be made within fifteen(15)days after receipt of the shipment. It is specifically agreed that the risk of loss shall not be altered by the fact that the conduct of either party hereto may constitute a default or breach. The shortage in shipment notice must be in writing within fifteen(15)days and further,short age in shipment is not deemed to constitute a nonconformity. 5.Any notices pertaining to rejection or claims of nonconformity must be made in writing specifying in detail Customer's objections and such notices must be delivered within ten(10)days after delivery of the goods. It is agreed that in the event of rejection,Customer may in no event resell the goods,even in the absence of instructions from WSECO,and Customer will store the goods or reship the goods to WSECO. Should Customer sell the goods,such sale shall be deemed an unequivocal acceptance of the goods. If Customer accepts goods tendered under this agreement,such acceptance shall be final and irrevocable; no attempted revocation shall have any effect whatsoever. 6. No right or interest in this agreement shall be assigned by Customer without the written permission of WSECO,and no delegation of any obligation owed or of the performance of any obligation by Customer shall be made without written permission of WSECO. Any attempted assignment or delegation by Customer shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 7.WSECO shall have all rights and remedies provided in the Uniform Commercial Code and in any other documents executed in connection with this agreement. Customer agrees to pay all costs incurred by WSECO in enforcing this agreement or any of its provisions,including without limitation reasonable attorney's fees and costs and all costs of reclaiming the goods,whether or not legal action is commenced. In the event the goods are reclaimed,Customer agrees that WSECO may bid on the goods and that a commercially reasonable price for said reclaimed goods,at a public sale,may be determined by WSECO based upon current national auction values,market trends relating to supply and demand,and related factors,for goods of similar type and condition. 8.CANCELLATION/TERMINATION:This Order may be canceled by Customer only with WSECO's written consent and then only upon such terms as will protect Seller from any loss. This Order may be cancelled by WSECO in the event of any default by Customer or in the event Customer fails,upon WSECO's request, to provide reasonable assurances of future performance. 9. PERMISSIBLE VARIATIONS:All goods shall be subject to the standard manufacturing and commercial variation and practices of the Manufacturer of the goods or of WSECO. In the event of shipment of non-conforming goods,WSECO shall be given a reasonable opportunity to replace the goods with those which conform to this order. 10. FORCE MAJEURE:(a)WSECO shall not be responsible or liable for any delay or failure to delivery any or all of the goods and/or performance of the services if such delay or failure is caused by any act of God,fire,flood,inclement weather,explosion,war,insurrection,riot,embargo,statute,ordinance, regulation or order of any government or agent thereof,shortage of labor,material,fuel,supplies or transportation,strike or other labor dispute,or any other cause,contingency,occurrence or circumstance of any nature,whether or not similar to those herein before specified beyond WSECO's control,which prevents,hinders or interferes with manufacture,assembly,or delivery of the goods or performance of the services. Any such cause,contingency, occurrence or circumstances shall release WSECO from performance of its obligations hereunder. 11. VENUE:Venue for any disputes between the parties will be in Ada County,Idaho and in state court for legal proceedings. Purchaser waives right to remove any legal action from the court originally acquiring jurisdiction. Page 3 of 3