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HomeMy WebLinkAboutC2022-065 - Empire Southwest1 Contract No. 2022-065 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND EMPIRE SOUTHWEST, LLC (AUTHORIZED CATERPILLAR, INC. DEALER) THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of February 14, 2022, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and Empire Southwest, LLC, a(n) Delaware limited liability company (the “Contractor”) (Authorized Caterpillar, Inc. Dealer). RECITALS A. After a competitive procurement process, the City of Tucson (the “City”) entered into Contract No. 161534, dated May 1, 2017 (the “City Contract”), for the Contractor to provide Heavy Equipment, Parts, Accessories, Supplies and Related Services A copy of the City Contract is attached hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the City Contract, at its discretion and with the agreement of the awarded Contractor, and the City Contract permits its cooperative use by other public entities, including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging their cooperative contractual relationship under the City Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide Heavy Equipment, Parts, Accessories, Supplies and Related Services (the “Materials and Services”) and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until March 31, 2022 (the “Initial Term”), unless terminated as otherwise provided in this Agreement or the City Contract. 2. Scope of Work. Contractor shall provide to the Town the Services under the terms 2 and conditions of the City Contract and according to the specifications set forth in the Contractor’s Proposal attached hereto as Exhibit B and incorporated herein by reference. 2.1 Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the State Contract will be held at Contractor’s risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non- conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring Materials or Services into compliance and withhold the cost of same from any payments due to the Contractor. 2.2 Cancellation. The Town reserves the right to cancel any work order within a reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the work order. The Town will not reimburse the Contractor for any costs incurred after receipt of the Town notice of cancellation, or for lost profits, shipment of product prior to issuance of a work order or for anything not expressly permitted pursuant to this Agreement. 3. Compensation. The Town shall pay Contractor an amount not to exceed $49,239.24 for the Materials and Services at the rates set forth in the City Contract and as more particularly set forth in Exhibit B. The aggregate amount per renewal term shall not exceed $50,000 in any case unless the Agreement is affirmed and ratified via an executed amendment. All remaining terms and conditions of the Agreement shall remain in full force and effect. 4. Payments. The Town shall pay the Contractor monthly (and the Contractor shall invoice monthly), based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the City Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended, and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the City Contract will be subject to rejection and may be returned. 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor 3 and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. Israel. Contractor certifies that it is not currently engaged in and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 10. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the City Contract, the Proposal, and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the City Contract (collectively, the “Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly declared void and shall be of no force and 4 effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the City Contract shall not alter such terms and conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 12. Rights and Privileges. To the extent provided under the City Contract, the Town shall be afforded all of the rights and privileges afforded to the State and shall be the “State” (as defined in the City Contract) for the purposes of the portions of the City Contract that are incorporated herein by reference. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to the State to the extent provided under the City Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor’s obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 14. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Empire Southwest, LLC (Authorized Caterpillar Inc. Dealer) 8901 AZ-287 Casa Grande, Arizona 85194 Attn: Alan Fennig 5 or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. [SIGNATURES APPEAR ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Klein, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGES] Elizabeth Klein (Feb 16, 2022 17:04 MST) “Contractor” ____________________________________, By: Name: Title: Empire Southwest, LLC, a(n) Delaware limited liability company (the “Contractor”) (Authorized Caterpillar, Inc. Dealer). Timothy Robinson (Feb 16, 2022 13:00 MST) Manager Timothy Robinson EXHIBIT A TO COOPERATIVE SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND EMPIRE SOUTHWEST, LLC (AUTHORIZED CATERPILLER INC. DEALER) [City Contract] See following pages. City of Tucson, AZ Contract 161534 for Heavy Equipment, Parts, Accessories, Supplies and Related Services with Caterpillar, Inc Effective: May 1, 2017 The following documents comprise the executed contract between the City of Tucson, AZ and Caterpillar Inc., effective May 1, 2017 I. Contract #161534 CONTRACT AMENDMENT CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ. 85701 P.O. BOX 27210, TUCSON, AZ. 85726 PHONE: (520) 837-4134 / FAX: (520) 791-4735 Cynthia.Thompson@tucsonaz.gov ISSUE DATE: MARCH 25, 2019 CONTRACT #161534-01 CONTRACT AMENDMENT NUMBER: THREE (3) PAGE 1 of 1 CT/ak SENIOR CONTRACT OFFICER: CYNTHIA THOMP SON, CPPB HEAVY EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES AND RELATED SERVICES THIS CONTRACT IS AMENDED AS FOLLOWS: ITEM ONE (1 ): CORRECTION Pursuant to Paragraph 10 (Contract Amendments) of the Standard Terms and Conditions section, the City is hereby replacing the 2019 pricing sheet for this contract with the attached corrected list, the pricing to remain in effect as of January 1, 2019. ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY. CONTRACTOR: CATERPILLAR, INC. CONTRACTOR HEREBY ACKNOWLEDGES RECEIPT OF AND UNDERSTANDING OF THE ABOVE AMENDMENT Name and Title (typed or printed legibly) {l.,A-=r?;ti,UAtL :r;'1G State Zip Contact information for Sales/Account Representative for dailY'. business operati ons: Name and Title ( ped or printed legibly) Joi= 11±-1IT<f Phone N�r:JberlLJf ttr-M -)ff!n/ � � b/1 Email Address / CITY OF TUCSON: THE ABOVE REFERENCED CO�RACT AMENDMENT IS HEREBY EXECUTED THIS Ai� DAY OFnmQJV'&°'-� • 2019, AT TUCSON, ARIZONA. as Dlrecforoff>rocurement and not personally 2019 Caterpillar Coop Contract Discounts Cooperative Contracts -- Effective January 1, 2019 Machine Model* New Equipment 2019 Discount to Customer (Off List Price) Pavers AP255 18.00% AP300 18.00% AP355 18.00% AP500 18.00% AP555 18.00% AP600 18.00% AP655 18.00% AP1000 18.00% AP1055 18.00% Rollers CB1.7 19.00% CB1.8 19.00% CB7 19.00% CB8 19.00% CB10 19.00% CB13 19.00% CB14 19.00% CB15 19.00% CB16 19.00% CB22 19.00% CB24 19.00% CB32 19.00% CB34 19.00% CB36 19.00% CB44 19.00% CB46 19.00% CB54 19.00% CB64 19.00% CB66 19.00% CB68 19.00% CC24 19.00% CC34 19.00% CCS7 19.00% CCS9 19.00% CD8 19.00% CD10 19.00% CD44 19.00% CD54 19.00% CP34 19.00% CP44 19.00% CP54 19.00% CP56 19.00% CP68 19.00% CP74 19.00% CS34 19.00% CS44 19.00% CS54 19.00% CS56 19.00% CS64 19.00% CS68 19.00% CS78 19.00% CW16 19.00% CW34 19.00% *Note: Base machines are listed. There may be several different base machine configurations available. The base machine discount will be applied to any model configuration plus any and all options listed on the Caterpillar Machine price list. # Caterpillar: Confidential Green 2019 Caterpillar Coop Contract Discounts Track Type Tractors D3 23.00% D4 23.00% D5 23.00% D6 21.00% D7 19.00% D8 19.00% D9 10.00% D10 10.00% Wheeled Excavators M314F 26.00% M315F 26.00% M316F 26.00% M317F 26.00% M318F 26.00% M320F 26.00% M322F 26.00% Material Handlers MH3022 26.00% MH3024 26.00% MH3026 26.00% Cold Planers PM310 20.00% PM312 20.00% PM313 20.00% PM620 20.00% PM622 20.00% PM820 20.00% PM822 20.00% PM825 20.00% Reclaimers RM300 20.00% RM500 20.00% Telehandlers TH255 23.00% TH3510 24.00% TH357 24.00% TH408 24.00% TH514 24.00% TL642 24.00% TL943 24.00% TL1055 24.00% TL1255 24.00% Motor Graders 12 30.00% 120 34.00% 140 30.00% 160 30.00% 14 19.00% Skid Steer Loaders 226 21.00% 232 21.00% 236 21.00% 242 21.00% 246 21.00% 262 21.00% 272 21.00% Multi-Terrain Loaders 257 21.00% 277 21.00% 287 21.00% 297 21.00% # Caterpillar: Confidential Green 2019 Caterpillar Coop Contract Discounts Compact Track Loaders 239 21.00% 249 21.00% 259 21.00% 279 21.00% 289 21.00% 299 21.00% Excavators 300.9 20.00% 301.4 20.00% 301.5 20.00% 301.7 20.00% 301.8 20.00% 302.2 20.00% 302.4 20.00% 302.5 20.00% 302.7 20.00% 303 20.00% 303.5 20.00% 304 20.00% 304.5 20.00% 305 20.00% 305.5 20.00% 307 20.00% 307.5 20.00% 308 20.00% 309 20.00% 310 20.00% 311 18.00% 313 15.00% 313GC 16.00% 315 19.00% 316 19.00% 318 16.00% 320 15.00% 320GC 16.00% 323 15.00% 325 15.00% 326 15.00% 330 15.00% 335 15.00% 336 15.00% 349 10.00% 352 10.00% 374 10.00% Backhoe Loaders 415 22.00% 416 22.00% 420 22.00% 430 22.00% 440 22.00% 450 22.00% Site Prep Tractor 586C 20.00% Wheel Tractor Scrapers 621 18.00% 623 18.00% 627 18.00% Articulated Trucks 725 17.00% 730 17.00% 735 17.00% 740GC 17.00% 745 17.00% # Caterpillar: Confidential Green 2019 Caterpillar Coop Contract Discounts Rigid Frame Trucks 770 3.00% 773 3.00% Landfill Compactors 816 12.00% 826 12.00% 836 12.00% Wheel Dozers and Soil Compactors 814 15.00% 815 13.00% 824 15.00% 825 13.00% 834 15.00% Wheel Loaders 903 23.00% 906 23.00% 907 23.00% 908 23.00% 910 23.00% 914 23.00% 918 24.00% 924 24.00% 926 24.00% 930 24.00% 938 24.00% 950GC 20.00% 950M 18.00% 962 18.00% 966 15.00% 972 11.00% 980 11.00% 982 11.00% Track Loaders 953 19.00% 963 22.00% 973 23.00% Loose Worktools 15.00% Caterpillar Safety Services 15.00% Used Equipment is discounted 20% from Original Customer List Rental Equipment is discounted 10% from dealership Rental Rates Parts & Service is discounted by the servicing dealer according to work order volume # Caterpillar: Confidential Green # Caterpillar: Confidential Green All Discounts listed are for "Standby Ratings only unless otherwise stated". List Price Discount 60 HZ, 40 - 60 kW Diesel (Reference the "PSNA-EPG-F_C4.4LCABR" Caterpillar Price List) D40 - 40 kW 31% D50 - 50 kW 31% D60 - 60 kW 31% 60 HZ, 80 - 100 kW Diesel (Reference the "PSNA-EPG-F_C4.4PGABR" Caterpillar Price List) D80 - 80 kW 31% D100 - 100 kW 31% 60 HZ, 125 - 175 kW Diesel (Reference the "PSNA-EPG-F_C7.1PGABR" Caterpillar Price List) D125 - 125 kW 35% D150 - 150 kW 35% D175 - 175 kW 35% D200 - 200 kW 36% C9, 60 HZ, 200 - 300 kW Diesel (Reference the "PSNA-EPG-F_C9PGAM" Caterpillar Price List) 200 kW 33% 250 kW 37% 300 kW 37% C13, 60 HZ, 350 - 400 kW Diesel (Reference the "PSNA-EPG-F_C13PGAM" Caterpillar Price List) 350 kW 37% 400 kW 37% C15, 60 HZ, 350 - 500 kW Diesel (Reference the "PSNA-EPG-F_C15PGAM" Caterpillar Price List) 350 kW 37% 400 kW 37% 450 kW 37% 500 kW 37% C18, 60 HZ, 550 - 600 kW Diesel (Reference the "PSNA-EPG-F_C18PGAM" Caterpillar Price List) 550 kW 37% 600 kW 37% 650 kW 33% 700 kW 33% 750 kW 33% C18, 60 HZ, EPA Tier 4f, 455 - 500 KW Diesel (Reference the "PSNA-EPG-F_C18PKAM" Caterpillar Price List) 455 kW Prime Power 20% 500 kW 20% C27, 60 HZ, 750 - 800 kW Diesel (Reference the "PSNA-EPG-F_C27PGBG" Caterpillar Price List) 750 kW 36% 800 kW 36% C32, 60 HZ, 1000 - 1250 kW Diesel (Reference the "PSNA-EPG-F_C32PGDG" Caterpillar Price List) 1000 kW 36% 1250 kW 34% 3512C, 60 HZ, 1500 - 1750 kW Diesel (EPA Tier 2 & CARB Emissions Certified (Nonroad); EPA Tier 2 Emissions Certified for Stationary Use) (Reference the "PSNA-EPG-F_3512PGFL" Caterpillar Price List) 1500 kW 37% 1750 kW 35% 3516C/3516E, 60 HZ, 2000 - 2750 kW Diesel (EPA Tier 2 & CARB Emissions Certified (Nonroad); EPA Tier 2 Emissions Certified for Stationary Use) (Reference the "PSNA-EPG-F_3516PGFL" Caterpillar Price List) 2000 kW 40% 2500 kW 38% 2750 kW 34% 3516C-HD, 60 HZ, 2000 - 2500 kW Diesel (EPA Tier 4) (Reference the "PSNA-EPG-F_3516PGFL" Caterpillar Price List) 2000 kW 19% 2500 kW 19% C175-16, 60 HZ, 3000 kW Diesel (EPA Tier 2 for Mobile and Stationary Use) (Reference the "PSNA-EPG-F_C175-16EL" Caterpillar Price List) Caterpillar OMNIA / NIPA Member Discounts Stationary Diesel # Caterpillar: Confidential Green 3000 kW 30% C175-16, 60 HZ, 3000 kW Diesel (EPA Tier 4) (Reference the "PSNA-EPG-F_C175A16EL" Caterpillar Price List) 3000 kW 19% C175-20, 60 HZ, 4000 kW Diesel (EPA Tier 2 for Mobile and Stationary Use) (Reference the "PSNA-EPG-F_C175-20EL" Caterpillar Price List) 4000 kW 24% 50 - 60 kW Caterpillar Natural Gas (Reference the "PSNA-EPG-F_G80PGAM" Caterpillar Price List) DG50 - 50 kW 31% DG60 - 60 kW 31% DG80 - 80 kW 31% 100 - 150 kW Caterpillar Natural Gas (Reference the "PSNA-EPG-F_G150PGAM" Caterpillar Price List) DG100 - 100 kW 35% DG125 - 125 kW 35% DG150 - 150 kW 35% 175 - 300 kW Olympian Natural Gas (Reference the "PSNA-EPG-F_GASOLYGN" Caterpillar Price List) G175 - 175 kW 26% G200 - 200 kW 26% G230 - 230 kW 26% G250 - 250 kW 26% G275 - 275 kW 26% G300 - 300 kW 26% G3412, 60 HZ, 375 - 500 kW Natural Gas (Reference the "PSNA-EPG-F_G3412PGG" Caterpillar Price List) 375 kW 20% 450 kW 26% 500 kW 26% G3512 60 HZ, 750 - 1000 kW Natural Gas (Reference the "PSNA-EPG-F_G3512NL" Caterpillar Price List) 750 kW 17% 1000 kW 17% G3516 60 HZ, 750 - 1000 kW Natural Gas, Landfill Gas, & Biogas (Ratings Depend on Selection) (Reference the "PSNA-EPG-F_G3516AEPL" Caterpillar Price List) All Ratings 17% G3516C 60 HZ, 1500 kW Natural Gas (Reference the "PSNA-EPG-F_G3516CTPL" Caterpillar Price List) 1500 kW 17% G3516H 60 HZ, 1966 kW Natural Gas (Reference the "PSNA-EPG-F_G3516HNL" Caterpillar Price List) 1966 kW 17% G3520H 60 HZ, 2469 kW Natural Gas (Reference the "PSNA-EPG-F_G3520HNL" Caterpillar Price List) 2469 kW 17% G3520C 60 HZ, 1600 - 2055 kW Natural Gas (Reference the "PSNA-EPG-F_G3520CPGL" Caterpillar Price List) 1600 kW 17% 2055 kW 17% CG132, CG170, CG260 (custom) Due to the customization and plethora of options, it is not feasible to provide a paper price list for these specific generator sets. Each quote is custom for the specific application. However, members will receive a 15% discount off of the configured list price from each member’s local dealer. XQ35, 60 HZ, 35 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ35BM" Caterpillar Price List) 27 kW Prime Power 23% 30 kW 23% XQ60, 60 HZ, 59 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ60BM" Caterpillar Price List) 48 kW Prime Power 23% Stationary Natural Gas (Select LP Vapor Options with Derates) Mobile Diesel (With Trailers) 15% # Caterpillar: Confidential Green XQ125, 60 HZ, 125 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ125BM" Caterpillar Price List) 100 kW Prime Power 23% 110 kW 23% XQ230, 60 HZ, 230 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ230BM" Caterpillar Price List) 200 kW Prime Power 23% XQ425, 60 HZ, 425 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ425BM" Caterpillar Price List) 340 kW Prime Power 23% XQ570, 60 HZ, 570 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ570BG" Caterpillar Price List) 455 kW Prime Power 23% Switchgear (customizable)12% Epic (Reference the "PSNA-EPG-F_CATEPICG" Price List) Epic - Master Control Panel 10% Epic - Generator Control Panel 10% Epic - Utility Control Panel 10% Supervisory Contol Panel (Reference the "PSNA-EPG-F_CATSCPN" Price List) EMCP 4.4 SCP 10% ATS (AUTOMATIC TRANSFER SWITCHES) (Reference the "ATS NJPA Pricing 11-29-17" Price List) 235 ATS's Available 20% Due to the customization and plethora of options, it is not feasible to provide a paper price list for Cat switchgear. However, members will receive a 12% discount off of the configured list price from each member’s local dealer. Control Panels, Switchgear, Automatic Transfer Switches # Caterpillar: Confidential Green Sourced Goods & Support Service Provided Electrical Energy Power Generation with Related Parts, Supplies, and Services. Caterpillar Sourced Goods & Support Services Multiplier NJPA Member Pricing Custom Shop Work 5% off list price / typical sale price if no list price is available Custom Enclosure 5% off list price / typical sale price if no list price is available Delivery/Freight 5% off list price / typical sale price if no list price is available Training 5% off list price / typical sale price if no list price is available Engineering Services 5% off list price / typical sale price if no list price is available Extended Service Contracts 5% off list price / typical sale price if no list price is available Maintenance Agreements 5% off list price / typical sale price if no list price is available Installation 5% off list price / typical sale price if no list price is available Custom Fuel Tank 5% off list price / typical sale price if no list price is available Custom ATS 5% off list price / typical sale price if no list price is available General Contracting Labor 5% off list price / typical sale price if no list price is available Dealer Labor 5% off list price / typical sale price if no list price is available Additional/Custom Parts 5% off list price / typical sale price if no list price is available # Caterpillar: Confidential Green Caterpillar Used Equipment Multiplier Every used product will receive the new product family member discount plus at least a 10% discount Electrical Energy Power Generation with Related Parts, Supplies, and Services. # Caterpillar: Confidential Green Sourced Good or Support Service Provided Electrical Energy Power Generation with Related Parts, Supplies, and Services. Caterpillar Rental Agreements Product & Services Multiplier OMNIA / NIPA Member Pricing Rental Agreements 10% off dealer list price CONTRACT AMENDMENT CITY OF TUCSON BUSINESS SERVICES DEPARTMENT 255 W. ALAMEDA, 6th FLOOR, TUCSON, AZ 85701 P.O. BOX 27210, TUCSON, AZ 85726-7210 PHONE: (520) 837-4134 / FAX: (520) 791-4735 Cynthia.Thompson@tucsonaz.gov ISSUE DATE: October 20, 2020 CONTRACT NO:161534-01 CONTRACT AMENDMENT NO.: FIVE (5) PAGE 1 of 1 CT SENIOR CONTRACT OFFICER: CYNTHIA THOMPSON, CPPB HEAVY EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES AND RELATED SERVICES THIS CONTRACT IS AMENDED AS FOLLOWS: ITEM ONE (1): RENEWAL Pursuant to Paragraph 7 (Term and Renewal) of the Special Terms and conditions section, the City is hereby exercising its option to renew the contract for the period of May 1, 2021 through April 30, 2022. ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY. CONTRACTOR: CATERPILLAR, INC. CONTRACTOR HEREBY ACKNOWLEDGES RECEIPT OF AND UNDERSTANDING OF THE ABOVE AMENDMENT _________________________________________________ Signature of person authorized to sign Date _________________________________________________ Name and Title (typed or printed legibly) _________________________________________________ Company Name _________________________________________________ Address _________________________________________________ Email Address _________________________________________________ City State Zip _________________________________________________ Contact information for Sales/Account Representative for daily business operations: _________________________________________________ Name and Title (typed or printed legibly) _________________________________________________ Phone Number _________________________________________________ Email Address CITY OF TUCSON: THE ABOVE REFERENCED CONTRACT AMENDMENT IS HEREBY EXECUTED THIS ____________________ DAY OF____________________, 2020, AT TUCSON, ARIZONA. _________________________________________________ as Director of Business Services and not personally Patrick Kearns, North America Industry Mgr. Caterpillar Inc. Kearns_Patrick@cat.com Peoria IL 61629 100 NE Adams St. Tirena Pavelka Pavelka_tirena_L@cat.com (309) 494-4578 2nd November for EXHIBIT B TO COOPERATIVE SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND EMPIRE SOUTHWEST, LLC (AUTHORIZED CATERPILLAR, INC. DEALER) [Quote] See following pages.