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HomeMy WebLinkAboutCummins Inc-WW Lift Stations Planned Equipment Maintenance contract 2019 ,,,,3 ORIGINAL citycAor Oshkosh CONTRACTOR AGREEMENT: PLANNED EQUIPMENT MAINTENANCE AGREEMENT-TRANSFER SWITCHES-WW LIFT STATIONS CITY OF OSHKOSH THIS AGREEMENT, made on the 16th day of APRIL, 2019, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CUMMINS SALES-AND INC. Ste ;939 LAWRENCE DRIVE,DE PERE WI 54115 hereinafter referred to as the CONTRACTOR, WTTNESSETH: That the City and the Contractor,for the consideration hereinafter named,enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement,in which case this agreement shall prevail. ARTICLE I. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts,all of which are as fully a part of this contract as if herein set out verbatim,or if not attached,as if hereto attached: 1. This Instrument 2. Proposal Solicitation 3. Contractor's Proposal In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE II. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract (MICHAEL OBERMANN,PLANNED MAINTENANCE SALES,CUMMINS SALES AND SERVICE) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager.The City shall be provided with City Hall.215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.d.oshkosh.wi.us • a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (SHANE LEHR,WASTEWATER TREATMENT PLANT,WASTEWATER SUPERVISOR) ARTICLE N. SCOPE OF WORK The Contractor shall provide the services described in the City's (INVITATION FOR BID OR REQUEST FOR QUOTATION) for the Project titled "PROJECT TITLE" dated MONTH, DATE, YEAR, and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications,the provisions in the Bid Specifications shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE V. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project,providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VI. TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than DECEMBER 31,2019 OR: The work to be performed under this contract shall be completed within XX days of the purchase order issued for this project. Arty changes to this completion date must be agreed upon by both parties in writing. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of$4,165.27 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. • B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s)for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor,his agents or assigns,his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation,and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or ad- judged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE IX. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE X. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement,the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: CONTRACTOR/CCONS�ULTANT Ozelfracl Acirninithafor General Sales Manager (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) REVIEWED By Ia430 at 10:17 am,Jun 04,2019 CITY OF OSHKOSH l By: Mark A. ohloff,City Manager e3relet.(7i ) D And: (Wi s Pamela R.Ubrig,City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. City ttomey dftle\o„, AO,A,CP'-) City Comptroller §aleip and Exhibit A Seervice 4/15/2019 OSHKOSH WWTP 233 N CAMPBELL RD OSHKOSH, WI 54902 RE: Planned Maintenance Proposal Dear Shane Lehr, Cummins Sales and Service is a premier engine and power generation systems provider committed to delivering fast and proven solutions to our customers. We are pleased to offer you a Planned Maintenance Proposal for your review and approval. Due to the critical nature of your standby power system, this Agreement was developed based on your specific needs and equipment to ensure maximum performance and reliability. Benefits of Planned Maintenance • Improves system reliability. • Maintenance performed by certified technicians specifically trained in power generation. • PM customers receive preferred service for unscheduled emergency repairs. • Creation of a service record for customer equipment. • Additional maintenance recommendations documented at that time. • Scheduling managed by Cummins Sales and Service to ensure timely maintenance intervals. • Eliminates administrative burden, covers equipment from multiple vendors. Please sign, date and return the enclosed Agreement to our office along with any purchase documentation necessary so we can tend to your servicing needs. Planned Maintenance Agreements are"auto-renewed" annually prior to the end of your agreement. Should you have any questions or require additional information on this or any other subject relating to your equipment, please feel free to contact me. We look forward to the opportunity to earn your trust and business. Sincerely, Michael Obermann Planned Maintenance Sales Office: (920) 338-5903 Cell: Email: michael.obermann@cummins.com Sale* and Cummins Inc. • 4,��' Service 939 Lawrence Drive De Pere, WI 54115 Phone: (920) 336-9631 Fax: 1-888-230-6699 PLANNED EQUIPMENT MAINTENANCE AGREEMENT . OSHKOSH WWTP Name: Shane Lehr Quote Date: 4/15/2019 233 N CAMPBELL RD Phone: (920) 232-5367 Quote Expires: 6/14/2019 OSHKOSH, WI 54902 Cell: Quote ID: QT-5029 Customer#: 67267 Fax: Quoted By: Michael Obermann Payment Type: Pay As You Go E-mail: slehr©ci.oshkosh.wi.us Quote Term: 1 Year Site Name:Bowne Street Lift Station (2350 Baw ie Street Oshkosh WI 54901) ra"-T ,ty 1- —,--ca 2 ,-±.Y.:r;s -.Fz•-.x•..1 T-S-" -... 4, __.PTt. --n..1 Unit Name: Bowne ATS s 34 W � {�` ' Loci O r '1 cie- e, f. Make: Onan r_ _ . .max= . .- . ,-..- n r ., . ..x,. ,.--:44 Model: OTPCC 1 Unknown Level 3 ATS 1 $664.03 $664.03 SIN: 167839 Year 1 Total:$664.03 Size: 1 kW ATS Qty: 1 Notes: Site Name:Broad Street Lift Station (11 Brcae Street Oshkosh WI 54901) _ . Unit Name: Broad Street ATS l$ �i , -,J:...i i WA r) •il Make: Onan i 1.1...►[y _ �. � i# . � �� .!!`.....t Y�Y.... - � xxs �... �.�o-«.. R':si^ l,Ru En TA��l�'....._ Model: OTPCD 1 Unknown Level 3 ATS 1 $664.03 $664.03 S/N: A070010394 Year 1 Total:$664.03 Size: 1kW ATS Qty: 1 Notes: Site Name:Melvin Lift Station (915 Hazel Street Oshkosh WI 54901) Unit Name: Melvin ATS ---, •. •. F `: `.�- Mve Make: Onan - .1� A.it - ' -' l -*.,4 w 2; . fi ...max. ,s��• �_, ., �,,. ��.... Model: PLTO1600G-205C 1 Unknown Level 3 ATS 1 $862.35 $862.35 ; S/N: E100121996 Year 1 Total:$862.35 Size: 1kW ATS Qty: 1 Notes: Site Name:North Lift Station (3155 County Road A OshKos , WI 54901) Unit Name: North ATS 't Tip �- 3 , .g' x . Y 1-• , Make: Onan 4 I stt . :_it _.: ? ` ' : ` ;:1 Model: OTPCC 1 Unknown Level 3 ATS 1 $649.79 $649.79 S/N: F000120207 Year 1 Total:$649.79 Size: 1kW ATS Qty: 1 Notes: Site Name:Sawyer Creek Lift Station (262 Lake Point Drive Oshkosh WI 54901) Unit Name: Sawyer ATS a . � >4• 'Make: Onan '•• - Model: OTPC 1 Unknown Level 3 ATS 1 $654.79 $654.79 S/N: 167930 Year 1 Total:$654.79 Size: 1kW ATS Qty: 1 Notes: Site Name:West 28th Lift Station (117 West 28tn Street Oshkosh WI 549011 �e a Unit Name: West 28th ATS � �,� n- rt:u �._ ee .- .j Id {« ej i � erd •`, Make: Onan •v.5 .. Model: OTPCS 1 Unknown Level 3 ATS 1 ti $670.28 $670.28 S/N: 1010285985 Year 1 Total:$670.28 Size: 1kW ATS Qty: 1 Notes: Year 1 Total:` $4,165.27 Total Agreement Amount:* $4,165.27 *Quote does not include applicable taxes • , `� elrei: �:@ G�,y Cummins Inc. 939 andLawrence Drive De Pere, WI 54115 Phone: (920) 336-9631 PLANNED EQUIPMENT MAINTENANCE AGREEMENT OSHKOSH VWVfP Name: Shane Lehr Quote Date: 4/15/2019 233 N CAMPBELL RD Phone: (920) 232-5367 Quote Expires: 6/14/2019 OSHKOSH, WI 54902 Cell: Quote ID: QT-5029 Customer#: 67267 Fax: Quoted By: Michael Obermann Payment Type: Pay As You Go E-mail: slehr@ci.oshkosh.wi.us Quote Term: 1 Year Total Agreement Amount:* $4,165.27 *Quote does not include applicable taxes Comment: Total Agreement Amount Does Not Include Applicable Taxes. Please call (651) 636-1000 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. ❑ Opt out of Automatic Renewal. Please return signed agreement to: Cummins Inc. 1600 Buerkle Road White Bear Lake, MN 55110 p: (651)636-1000 fax: (888) 230-6699 Seller hereby agrees to sell to Buyer, and Buyer hereby agrees to buy from Seller,the foregoing products/services upon the terms and conditions set forth in the"Planned Equipment Maintenance Agreement Terms and Conditions" attached hereto,which are hereby inca 'orated herein b reference. Signature: Signature: Date: Date: