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Home My WebLink AboutCummins, Inc. dba Cummins Northwest - Planned Equipment Maintenance Agreement (generatorSales and Service Cummins Inc. d/b/a Cummins Northwest 1905 Central Ave. Yakima, WA 98901 Phone: (509) 248-9033 Fax: (509) 457-8953 PLANNED EQUIPMENT MAINTENANCE AGREEMENT Customer Address ,_ ., City Of Yakima 129 N 2nd St Yakima, WA 98901 Customer #: 304088 Payment Type: Pay As You Go u""stomerContact�:�,�-�;t,;,9��,d Name: Mark Soptich Phone: (509) 576-6747 Cell: Fax: (509) 576-6364 E-mail: Mark.soptich@yakimawa.gov Quote Information Quote Date: Quote Expires: Quote ID: Quoted By: Quote Term: 5/12/2017 7/11/2017 QT -2242 Ryan Schrag 3 Year Site Name:Fire Station #91 (401 N Front St Yakima WA 98901) Unit Name: 1527GS-20KW FS#91 Make: Cummins Model: GGDB 1 May S/N: F040651527 1 May Year Month of 1st Service Size: 20kW ATS Qty: 1 Notes: Service Type Full Service Loadbank (2 Hrs) 2 May Full Service 3 May Full Service Qty 1 1 1 1 Sell Price Extended Price $290.56 $463.82 Year 1 Total:$754.38 $290.56 Year 2 Total:$290.56 $302.46 Year 3 Total:$302.46 $290.56 $463.82 $290.56 $302.46 Site Name:Fire Station #92 (7707 Tieton Or Yakima WA 98908) Unit Name: 0315GS-35KW FS#92 Make: Cummins Model: GGFD 1 May S/N: L060000315 1 May Size: 35kW Year Month of 1st Service ATS Qty: 1 Notes: Service Type Full Service Loadbank (2 Hrs) Qty 1 1 Sell Price Extended Price $323.35 $463.82 Year 1 Total:$787.17 $323.35 $463.82 2 May Full Service 1 $323.35 $323.35 Year 2 Total:$323.35 3 May Full Service 1 $336.08 $336.08 Year 3 Total:$336.08 Site Name:Fire Station #93 '511 N 40th Ave Yakima WA 98908) Unit Name: 9301GS-10KW FS#93 Year Month of Make: Generac 1st Service Model: 96A03899 -S 1 May S/N: 2029301 1 May Size: 10kW ATS Qty: 1 Notes: Service Type Full Service Loadbank (2 Hrs) Qty 1 Sell Price Extended Price $315.96 $463.82 Year 1 Total:$779.78 $315.96 $463.82 2 May Full Service 1 $315.96 $315.96 Year 2 Total:$315.96 3 May Full Service 1 $328.27 $328.27 Year 3 Total:$328.27 Site Name:Fire Station #94 (2404 W Washington Ave Yakima WA 98903) Unit Name: 9029GS-15KW FS#94 Year Month of Make: Generac 1st Service Model: 97A07268 -S 1 May S/N: 2039029 1 May Size: 15kW ATS Qty: 1 Notes: Service Type Full Service Loadbank (2 Hrs) Qty 1 1 2 May Full Service Sell Price Extended Price $303.96 $463.82 Year 1 Total:$767.78 1 $303.96 $303.96 $463.82 $303.96 3 May Full Service Year 2 Total:$303.96 1 $316.27 Year 3 Total:$316.27 $316.27 Site Name:Fire Station #95 (807 E EAST NOB HILL YAKIMA WA 98901) Unit Name: 3852GS-20KW FS#95 Make: Cummins Model: 20.0GGDB 1 May S/N: F060933852 1 May Year Month of 1st Service Size: 20kW ATS Qty: 1 Notes: Service Type Full Service Loadbank (2 Hrs) 2 May Full Service 3 May Full Service Qty 1 1 1 1 Sell Price Extended Price $284.56 $463.82 Year 1 Total:$748.38 $284.56 Year 2 Total:$284.56 $296.46 Year 3 Total:$296.46 $284.56 $463.82 $284.56 $296.46 Year 1 Total:' $3,837.49 Year 2 Total:` $1,518.39 Year 3 Total:* $1,579.54 Total Agreement Amount:* $6,935.39 `Quote does not include applicable taxes Sales and Service Cummins Inc. d/b/a Cummins Northwest 1905 Central Ave. Yakima, WA 98901 Phone: (509) 248-9033 PLANNED EQUIPMENT MAINTENANCE AGREE.,.MEN.., T CtomertCon_ctiAl uoto,nformaon Quote Date: Quote Expires: Quote ID: Quoted By: Quote Term: Customeir4:Address', , , ,•, City Of Yakima 129 N 2nd St Yakima, WA 98901 Customer #: 304088 Payment Type: Pay As You Go Name: Mark Soptich Phone: (509) 576-6747 Cell: Fax: (509) 576-6364 E-mail: Mark.soptich@yakimawa.gov 5/12/2017 7/11/2017 QT -2242 Ryan Schrag 3 Year Total Agreement Amount:* $6,935.39 *Quote does not include applicable taxes Comment: Total Agreement Amount Does Not Include Applicable Taxes. Please call (425) 235-3400 for invoice total prior to sending payment. Planned Equipment Maintenance Agreements are designed with an automatic renewal provision. Details of this provision are listed in the "Planned Equipment Maintenance Agreement Terms and Conditions". If you do not wish to participate in the auto renew option, please check the box below to opt out. D Opt out of Automatic Renewal. Selection Required for Load Bank Test Readings will be taken every 15 minutes, unless otherwise specified. 'If" no selection is made, we will perform this option by default ❑ `25% of the EPS nameplate kW rating for 30 minutes, followed by 50% of the EPS nameplate kW rating for 30 minutes, followed by 75% of the EPS nameplate kW rating for 60 minutes for a total of 2 continuous hours ❑ 80% of the EPS nameplate kW rating for 2 continuous hours ❑ Other — Please Specify Please return signed agreement to: Cummins Inc. d/b/a Cummins Northwest 1030 SW 34th St, Suite A Renton, WA 98057 Phone: (425) 235-3400 Fax: (425) 254-8964 S€ le !tr , . agrf.t!s , r . tca - .r, ,tn;i E!.:.{wn± .Y!Y aurr:es to buy from Soil -Jr, ,n;, !on<ar{c)incfi pr'odttr•t'3iserm:r-1!i u;::>n ttlo tem' ,1n:1 r;,;7:,,uxte to:tr C1, F';:tnnr!c1 E ttbi,tnter„ NiottttHnwir.t? Teuns and Cementums" batt ak:horj heri;tta..:�Eau:'1 :re i•1C`"3";:ur",fi Customer Approval Quote'ID QT -22.42 -:,;; : -:i ; ;:.`, `M; Cummins lnc: rllbla;C. ,rr mins;Nprt.,,wes !?c proval Signature: /., ,/ft Signature: Date: CITY CONTRACT NO: RESOLUTION NO: et (4 Date/ (-'I€ase rettrrtt ;:ign ttrry shi' zo (7- v77 PLANNED MAINTENANCE AGREEMENT TERMS AND CONDITIONS These Planned Maintenance Agreement Terms and Conditions, together with the Quote on the front side and the Scope of Services, are hereinafter referred to as this "Agreement" and shall constitute the entire agreement between the customer identified in the Quote ("Customer") and Cummins and supersedes any previous agreement or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. 1. SCOPE OF SERVICES; PERFORMANCE OF SERVICES. Cummins shall perform the maintenance ("Services") on the equipment identified in the Quote ("Equipment") in accordance with the schedule specified in the Quote. The Services include those services defined in the "Service Event" secti on of the Quote. No additional services or materials are included in this Agreement unless agreed upon by the parties in supplemental documentation. Cummins shall provide the Services in a safe and workmanlike manner. Cummins has licenses, authorizations, or registrations necessary to perform the Services. Unless otherwise indicated in the Quote, Cummins will provide the labor and tools necessary to perform the Services and shall keep Customer's property free from accumulation of waste materials caused by Cummins' operations. Customer shall provide Cummins safe access to Customer's site and arrange for all related services and utilities necessary for Cummins to perform the Services. During the performance of the Services, Customer shall fully and completely secure all or any part of any facility where the Equipment is located for any and all safety issues that an electrical service interruption might cause, including but not limited to injury to facility occupants, customers, invitees, or any third party and/or property damage or work interruption arising out of the Services. Either party may terminate this Agreement with or without cause by providing thirty (30) days written notice to the other. 2. PAYMENT TERMS. If Customer has approved credit, as determined by Cummins, payment terms are net thirty (30) days from the date of invoice unless otherwise specified in the Quote. If payment is not received when due, in addition to any rights Cummins has under the law and charges that Cummins may levy against Customer under statute (including attorney fees and costs of collection), Cummins may charge Customer eighteen percent (18%) annually, or the maximum amount allowed by law, on late payments. Payment shall be due in advance if Customer does not have approved credit. 3. DELAYS. Cummins shall not be liable for any delays in performance that result directly or indirectly from acts of Customer or causes beyond Cummins' control, including but not limited to acts of God, accidents, fire, explosions, flood, unusual weather conditions, acts of government authority, or labor disputes. 4. WARRANTY. Limited warranties apply for select parts and components as defined by the respective component manufacturer's limited warranties. All Services shall be free from defects in workmanship for a period of ninety (90) days after completion of Services. In the event of a warrantable defect in workmanship, Cummins' obligation shall be limited to correcting the defective workmanship. Cummins shall correct the nonconforming Services where (i) such nonconformity becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of any nonconformity within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that the Services are nonconforming. Services corrected or re -performed shall be subject to the remaining warranty period of the original warranty of the Services. New parts supplied during correction or re -performance of Services are warranted for the balance of the warranty period still available from the original warranty of such parts. The remedies set forth in this Section 4 shall not be deemed to have failed of their essential purpose so long as Cummins is willing to correct defective Services or refund the purchase price therefor. s. 'LIMITATIONS ON WARRANTIES AND REMEDIES. Cummins expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability and warranty for fitness of a particular purpose, to the extent permitted by law. The warranties set forth herein are the sole warranties made by Cummins. Some states do not allow limitation on warranties, so these limitations may not apply to you. THEMAXIMUM LIABILITY, IF ANY, OF EITHER PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, AGREEMENT DAMAGES AND DAMAGES FOR PROPERTY, WHETHER ARISING FROM CUMMINS' INDEMNITY HEREUNDER, BREACH OF AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, IS LIMITED TO AN AMOUNT NOT TO EXCEED TWO TIMES THE PRICE OF THE SERVICES PAID BY CUSTOMER UNDER THIS AGREEMENT WHICH SHALL BE THE SOLE REMEDY UNDER THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, PROPERTY DAMAGE, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, DAMAGE TO GOODWILL) HOWSOEVER CAUSED ARISING FROM THIS AGREEMENT OR THE BREACH OF THIS AGREEMENT, WHETHER IN INDEMNITY, TORT, CONTRACT, OR OTHERWISE. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER'S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN. 6. INDEMNITY. Each party shall indemnify and hold harmless the other party, its affiliates, subsidiaries, officers, directors, agents a nd employees from and against any and all third party losses, costs, liabilities, damages and expense, including reasonable attorney and expert fees (collectively, "Losses"), subject to the limitations on claims and damages in Section 5, attributable to bodily injury or property damage to the extent it is conclusively determined that such Losses were directly caused by the gross negligence or willful misconduct of such party. The party seeking indemnification shall give written notice to the other party promptly upon learning of the events giving rise to such claim; provided, however, that failure to provide such notice promptly shall only relieve an indemnifying party of its obligations hereunder to the extent it is prejudiced by such delay. The indemnifying party shall select counsel to control and manage the defense of a claim and the settlement thereof and shall keep the indemnified party apprised of all material developments with respect to such claim. The indemnified party may, at its expense, select additional co -counsel. The indemnifying party shall have no obligation to indemnify or hold harmless the indemnified party for any Losses conclusively determined to be caused by the negligence or willful misconduct of the indemnified party. 7. CONFIDENTIALITY. Except as required to fully comply with the Washington Public Records Act, 42.56 RCW, €each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether disclosed in oral, written, visual, electronic or other form, and which the receiving pa rty (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. To the extent permitted by law, €each party shall take necessary steps to ensure compliance with this provision by its employees, and agents. 8. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washingtonlndiawa without giving effect to any choice or conflict of law provision. The parties agree that at -he courts of competent jurisdiction in Yakima County, Washington*^ an3 shall have exclusive jurisdiction to settle any dispute or claim arising in connection with this Agreement. 9. INSURANCE. Upon Customer's request, Cummins will provide to Customer a Certificate of Insurance evidencing Cummins' relevant insurance coverage. 10. ASSIGNMENT. This Agreement shall be binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins. 11. INTELLECTUAL PROPERTY. Any intellectual property rights created by Cummins in the course of the performance of any Agreement or otherwise shall remain Cummins' property. Nothing in these conditions shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins. 12. MISCELLANEOUS. Cummins shall be an independent contractor with respect to the Services performed under this Agreement. All notices under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in the Quote. No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. Sales an Service Generator Planned Maintenance Scope of Services The following items are included in a typical Planned Maintenance Agreement (PMA): - Cap and rotor - Starter and all wiring - Oil and coolant levels Scheduled Checks Cooling System - Radiator air restriction Condition of hoses and connection leaks - Antifreeze and coolant conditioner concentration - Condition and tension of belts - Ensure motor - operated louvers are working properly - Pressure Testing Air intake System - Visually check for leaks, holes, and loose connections/clamps Exhaust System - Visually check for leaks and restrictions - Drain condensation trap Electrical System Review meters for proper operation - Specific gravity of battery liquid Fuel System - Proper fuel levels Fuel transfer pump Annual Checks Maintenance - Change oil - Oil sample (optional) - Change filters - Disposal of used oil and filters Diesel Engine Checks - Starter and all wiring - Oil and coolant levels Generator - End bearing - A.C. wiring - Exciter stator - Overspeed switch - Cooling air Breakers Engine Running - Oil Pressure - Leaks - Alternator output - Alarm - Record A.C. output - Frequency - Amps under load Intake and Exhaust Check - Air cleaner - Turbocharger - Muffler and traps - Leaks - Breather - Flex pipe - Rain cap Natural Gas and Gasoline Engine Checks - Spark plugs - Distributor wires - Points and condenser Controls - Voltage regulator - Wiring and relays - Engine monitors - Bulbs Coolant System Check Only - Antifreeze - Radiator and cap - Hoses and heater - Belts and tension - Louvers - Coolant sample (optional) - Leaks - DCA level Transfer Switch - Time delays (adjust as needed) — Exerciser clock (reset as needed) - Clean cabinet - Building load test (if permitted) Fuel System - Leaks - Day tank - float switch pump - Governor linkage - Check for water in system Semi Annual Checks Battery and Charger - Specific gravity test - Clean corrosion as needed Adjust charger output as needed Request Service: 1-800- CUMMINS salesandservice.cummins.com