HomeMy WebLinkAboutAG-S-118 / Vehicle Maintenance Services with Cummins, Inc. CITY OF AUBURN
AGREEMENT FOR SERVICES
AG-S-118
THIS AGREEMENT made and entered into on this 31 day of bel- 01 er-
2019, by and between the City of Auburn, a municipal corporation of the State of
Washington, hereinafter referred to as "City" and Cummins, Inc., 1800 Fryar Avenue,
Sumner, WA 98390, hereinafter referred to as the "Provider."
RECITALS:
1. The City is in need of the services of individuals, employees or firms for
Generator Maintenance work.
2. The City wants to hire the Provider to provide these services in connection with
the City's work.
3. The Provider is qualified and able to provide services in connection with the
City's needs for this work, and is willing and agreeable to provide the services on the
terms and conditions in this Agreement
AGREEMENT:
In consideration of the mutual promises contained in this Agreement, the parties
agree as follows:
1. Scope of Services
The Provider agrees to perform in a good and professional manner the tasks
described in Exhibit "A." The Provider shall perform the services as an
independent contractor and shall not be deemed, by virtue of this Agreement and
the performance thereof, to have entered into any partnership, joint venture,
employment or other relationship with the City.
2. Additional Services
If additional services with respect to related work are required beyond those
specified in the Scope of Work, and not included in the compensation listed in this
Agreement, the parties will amend this Agreement before the Provider performs
the additional services. However, Provider agrees that it shall perform additional
services on the written request of an authorized representative of the City pending
execution of an Amendment.
3. Provider's Representations
The Provider represents and warrants that it has all necessary licenses and
certifications to perform the services provided for in this Agreement, and is
qualified to perform those services.
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ENG-230, Revised 12/18
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4. City's Responsibilities
The City shall do the following in a timely manner so as not to delay the services of
the Provider:
a. Designate in writing a person to act as the City's representative with respect to
the services. The City's designee shall have complete authority to transmit
instructions, receive.information, interpret and define the City's policies and
decisions with respect to the services.
b. Furnish the Provider with all information, criteria, objectives, schedules and
standards for the project and the services provided for herein.
c. Arrange for access to the property or facilities as required for the Provider to
perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and
other documents prepared by the Provider and render decisions regarding such
documents in a timely manner to prevent delay of the services.
5. Acceptable Standards
The Provider shall be responsible to provide, in connection with the services
contemplated in this Agreement, work products and services of a quality and
professional standard acceptable to the City.
6. Prevailing Wades
The Provider shall comply with every provision of the Revised Code of
Washington Chapter 39.12. A copy of a Statement of Intent to Pay Prevailing
Wages, approved by the Industrial Statistician of the Department of Labor &
Industries, must be submitted to the City prior to any payment for services
rendered. An Affidavit of Wages Paid must be received by the City prior to
issuance of final payment.
Should the term of this agreement go beyond one year, the wages that the
Provider shall pay its employees must be altered annually to recognize and
follow the most recently promulgated increases in prevailing wages each year
after the first year of the contract period.
7. Compensation
As compensation for the Provider's performance of the services provided for in this
Agreement, the City shall pay the Provider the fees and costs specified on Exhibit
"B." The Provider shall submit to the City an invoice or statement of time spent on
tasks included in the scope of work , and the City upon acceptance of the invoice
or statement shall process the invoice or statement in the next billing/claim cycle
following receipt of the invoice or statement, and shall remit payment to the
Provider, subject to any conditions or provisions in this Agreement or Amendment.
The Agreement number must appear on all invoices or statements submitted. The
not-to-exceed amount for this agreement is $68,666.40.
8. Time for Performance and Term of Agreement
The Provider shall not begin any work under this Agreement until authorized in
writing by the City. The Provider shall perform the services in accordance with the
direction and scheduling provided on Exhibit "A" unless otherwise agreed to in
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writing by the parties. All work under this Agreement shall be completed by
December 31, 2020.
9. Ownership and Use of Documents
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise
prepared by the Provider as part of his performance of this Agreement (the "Work
Products") shall be owned by and become the property of the City, and may be
used by the City for any purpose beneficial to the City.
10. Records Inspection and Audit
All compensation payments shall be subject to the adjustments for any amounts
found upon audit or otherwise to have been improperly invoiced, and all records
and books of accounts pertaining to any work performed under this Agreement
shall be subject to inspection and audit by the City for a period of up to three (3)
years from the final payment for work performed under this Agreement.
11. Continuation of Performance
In the event that any dispute or conflict arises between the parties while this
Contract is in effect, the Provider agrees that, notwithstanding such dispute or
conflict, the Provider shall continue to make a good faith effort to cooperate and
continue work toward successful completion of assigned duties and
responsibilities.
12. Administration of Agreement
This Agreement shall be administered by Mike Radford, on behalf of the Provider,
and by the Mayor of the City, or designee, on behalf of the City. Any written
notices required by the terms of this Agreement shall be served on or mailed to the
following addresses:
City of Auburn Cummins, Inc.
Lisa Moore Mike Radford
Facilities Manager Planned Maintenance Territory Manager
25 West Main Street 1800 Fryar Avenue
Auburn, WA 98001-4998 Sumner, WA 98390
Phone: 253-288-3158 Phone: 206-276-7680
E-mail: Imoore@auburnwa.gov E-mail: michael.radford@cummins.com
13. Notices
All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be deemed to have been duly given if
delivered in person or deposited in the United States mail, postage prepaid, and
addressed, if to a party of this Agreement, to the address for the party set forth
above.
Either party may change his, her or its address by giving notice in writing to the
other party.
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ENG-230, Revised 12/18
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14. Insurance
The Provider shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Provider, or the Provider's agents, representatives, employees, or subcontractors.
Provider's maintenance of insurance as required by the Agreement shall not be
construed to limit the liability of the Provider to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or
in equity.
The Service Provider shall obtain insurance of the types described below:
a. Automobile Liability insurance, covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01 or a substitute form providing equivalent liability coverage.
Provider shall maintain automobile insurance with minimum combined single
limit for bodily injury and property damage of$1,000,000 per accident.
b. Commercial General Liability insurance shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations, stop gap liability,
personal injury and advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be endorsed to
provide a per project aggregate limit using ISO form CG 25 03 05 09 or
equivalent endorsement. There shall be no exclusion for liability arising from
explosion, collapse or underground property damage. The City shall be named
as an insured under the Provider's Commercial General Liability insurance
policy with respect to the work performed for the City using ISO Additional
Insured endorsement CG 20 10 10 01 and Additional Insured-Completed
Operations endorsement CG 20 37 10 01 or substitute endorsements providing
equivalent coverage. Commercial General Liability insurance shall be written
with limits no less than $1,000,000 each occurrence, $2,000,000 general
aggregate, and a $2,000,000 products-completed operations aggregate limit.
c. Worker's Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability insurance:
a. The Provider's insurance coverage shall be primary insurance as respects the
City. Any insurance, self-insurance, or insurance pool coverage maintained by
the City shall be excess of the Provider's insurance and shall not contribute
with it.
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b. The Provider shall provide the Public Entity and all Additional Insureds for this
work with written notice of any policy cancellation within two business days of
their receipt of such notice.
Insurance is to be placed with an authorized insurer in Washington State. The
insurer must have a current A.M. Best rating of not less than A:VII.
Provider shall furnish the City with certificates of insurance and a copy of the
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Provider
before commencement of the work. The City reserves the right to require that
complete, certified copies of all required insurance policies be submitted to the City
at any time. The City will pay no progress payments under Section 7 until the
Provider has fully complied with this section.
If the Contractor maintains higher insurance limits than the minimums shown
above, the Public Entity shall be insured for the full available limits of Commercial
General and Excess or Umbrella liability maintained by the Contractor,
irrespective of whether such limits maintained by the Contractor are greater than
those required by this contract or whether any certificate of insurance furnished to
the Public Entity evidences limits of liability lower than those maintained by the
Contractor.
Failure on the part of the Contractor to maintain the insurance as required shall
constitute a material breach of contract, upon which the Public Entity may, after
giving five business days' notice to the Contractor to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such
insurance and pay any and all premiums in connection therewith, with any sums so
expended to be repaid to the Public Entity on demand, or at the sole discretion of
the Public Entity, offset against funds due the Contractor from the Public Entity.
15. Indemnification/Hold Harmless
The Provider shall defend, indemnify and hold the City and its officers, officials,
employees, and volunteers harmless from any and all claims, injuries, damages,
losses, or suits including attorney fees, arising out of or in connection with the
performance of this Agreement, except for injuries and damages caused by the
sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury
to persons or damages to property caused by or resulting from the concurrent
negligence of the Provider and the City, its officers, officials, employees, and
volunteers, the Provider's liability hereunder shall be only to the extent of the
Provider's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Provider's waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the parties. The provisions of this
section shall survive the expiration or termination of this Agreement.
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16. Assignment
Neither party to this Agreement shall assign any right or obligation hereunder in
whole or in part, without the prior written consent of the other party hereto. No
assignment or transfer of any interest under this Agreement shall be deemed to
release the assignor from any liability or obligation under this Agreement, or to
cause any such liability or obligation to be reduced to a secondary liability or
obligation.
17. Nondiscrimination
The Provider may not discriminate regarding any services or activities to which this
Agreement may apply directly or through contractual, hiring, or other arrangements
on the grounds of race, color, creed, religion, national origin, sex, age, or where
there is the presence of any sensory, mental or physical handicap.
18. Amendment, Modification or Waiver
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the
party or parties to be bound, or such party's or parties' duly authorized
representative(s) and specifying with particularity the nature and extent of such
amendment, modification or waiver. Any waiver by any party of any default of the
other party shall not affect or impair any right arising from any subsequent default.
Nothing herein shall limit the remedies or rights of the parties hereto under and
pursuant to this Agreement.
19. Termination and Suspension
Either party may terminate this Agreement upon written notice to the other party if
the other party fails substantially to perform in accordance with the terms of this
Agreement through no fault of the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven (7) days written
notice to the Provider if the services provided for herein are no longer needed from
the Provider.
If this Agreement is terminated through no fault of the Provider, the Provider shall
be compensated for services performed prior to termination in accordance with the
rate of compensation provided in Exhibit "B" hereof.
20. Parties in Interest
This Agreement shall be binding upon, and the benefits and obligations provided
for herein shall inure to and bind, the parties hereto and their respective
successors and assigns, provided that this section shall not be deemed to permit
any transfer or assignment otherwise prohibited by this Agreement. This
Agreement is for the exclusive benefit of the parties hereto and it does not create a
contractual relationship with or exist for the benefit of any third party, including
contractors, sub-contractors and their sureties.
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21. Costs to Prevailing Party
In the event of such litigation or other legal action, to enforce any rights,
responsibilities or obligations under this Agreement, the prevailing parties shall be
entitled to receive its reasonable costs and attorney's fees.
22. Applicable Law
This Agreement and the rights of the parties hereunder shall be governed by and
interpreted in accordance with the laws of the State of Washington and venue for
any action hereunder shall be in of the county in Washington State in which the
property or project is located, and if not site specific, then in King County,
Washington; provided, however, that it is agreed and understood that any
applicable statute of limitation shall commence no later than the substantial
completion by the Provider of the services.
23. Captions, Headings and Titles
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or
sections to which they apply. As used herein, where appropriate, the singular shall
include the plural and vice versa and masculine, feminine and neuter expressions
shall be interchangeable. Interpretation or construction of this Agreement shall not
be affected by any determination as to who is the drafter of this Agreement, this
Agreement having been drafted by mutual agreement of the parties.
24. Severable Provisions
Each provision of this Agreement is intended to be severable. If any provision
hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
25. Entire Agreement
This Agreement contains the entire understanding of the parties hereto in respect
to the transactions contemplated hereby and supersedes all prior agreements and
understandings between the parties with respect to such subject matter.
26. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be
one and the same Agreement and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other
party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed effective the day and year first set forth above.
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CITY OF AUBURN CUMMINS, INC.
j1 J V � 1Pa.1/11
�
-NancyBackus, Mayor Signature
Name: /14,k, k. t gr4
Title: G r , ' P
Federal Tax ID No: ?35-205-70g6
Approved as to form:
Signature:
Name:
Title:
Steve Gross, City Attorney
AG-S-118
ENG-230, Revised 12/18
Page 8 of 8
EXHIBIT A
Generator Planned Maintenance Guidelines
alaen
' ■ Services Performed Services
LJ Ser ice During Semi Annual Performed During
or Quarterly Annual Full
Inspection Visits Service Visits
Services performed during all visits
Check oil level X X
Check fuel level X X
Take fuel sample for visual analysis(Diesel) X X
Drain fuel/water separatorfilter(Diesel) X X
Inspect fuel lines X X
Check anti-freeze FreezePoint and DCA concentration X X
Check radiator and coolant hose condition X X
Check block heateroperation X X
Check starting batteries(Load test&Specific Gravity) X X
Check battery charging system X X
Check air cleaner and clean air piping condition X X
Inspect exhaust system and drain exhaust condensate trap X X
Check condition of the drive belts X X
Check generator room for adequate cooling and combustion air inlet X X
Inspect generator room cleanliness(report concerns to site contact) X X
Verify controls are clear of all alarms X X
Verifythe generator set breaker is closed X X
Verify all controls are in automatic position X X
Functional tests
Operate the generator set to verify frequency,voltage&engine operation X X
Test protective alarm operation as control system allows X X
Perform automatic system test,utilizing the ATS test function"exercise with
building load"(only when authorized by customer) X X
Services performed during the annual full service maintenance visit only
Obtain sample oilfor analysis X
Change crankcase Oil and Filter X
Change coolant filter(if applicable) X
Changefuel filters X
Additional Recommendations
(Not included in General Planned Maintenance unless specified)
These are general recommendations;actuals may differ depending on equipment,operation,environment and regulations.
Recommended Service Recommended Interval
Full Resistive Load Bank Test 1-2 years(Diesel)
Replace Batteries 30-36 months(lead acid)
Replace Coolant 3 years
Replace Coolant Hoses 3 years
Replace Drive Belts 3 years
City orState Confidence Test Annually(if required)
FuelAnalysis(Diesel) Annually
Rev 1.8/16/2013
EXHIBIT B
Semi-Annual Generator Service Per Attached Schedule A Spring/Full Fall/Check&Load Test Annual Price
Facilities
Justice Center 340 East Main Street 170 KW Onan-S/N 0040665446 $1,719.00
City Hall 25 West Main Street 150.00 KW Onan-S/N 0170172325 $1,689.00
Annex 1 East Main Street (after hours) 300 KW Cummins-S/N 1090029313 $1,973.00
Senior Center 808 9th Street SE 20 REOZJD Kohler-S/N 2279468 $945.00
Community Center 910 9th Street SE 150 REOZJD Kohler-S/N 2281751 $1,689.00
Water
M/0 Telementry and Bldg 1305 C Street SE 145 KW Magna-Tech-S/N BUD11997 $1,689.00
WO Telementry System 1305 C Street SE 10 KW Generac-S/N 2043865 $945.00
Fulmer Field CCF-Wells 2&6 519 K STREET NE 1000 ROZD4 Kohler-S/N 0715232 _$3,285.00
Well 3A 401 37TH STREET SE 210 KW Lima-S/N AC91867EH $1,729.00
Lakeland-Well 5B 1100 63RD STREET SE 400 KW MO Power-S/N#159561-1 $1,973.00
Braunwood Well 4501 47th Street SE 45 KW Generac-S/N 2040784 $945.00
Coal Creek Springs 2401 Stuck River Road 20 KW Onan-S/N B040606072 $945.00
Howard Road Corrosion Control 2108 Howard Road 600 ROZD Kohler-S/N 0715231 $2,523.00
Academy P/S 2003 Auburn Way S 250 KW ILI-S/N 4552 $1,729.00
Lea Hill P/S-Portable 10406 Lea Hill Road 250 KW Onan-S/N 108020133 $1,729.00
Lakeland Hill Well SA-Portable 1305 C Street SW 250 KW-5/N A930497879 $1,729.00
Terrace View P/S 6134 Alexander Place SE 230 ROZD Kohler-S/N 211507 $1,729.00
Lakeland Hills Booster P/S 1325 57th Drive SE 300 KW Cat-5/N G6018752 $2,609.00
West Springs 1900 15th Street NW 10 kw Generac-S/N 3003771258 $864.00
Well 4 950 25th Street SE 450 kw Cummins-S/N C150807276 $1,973.00
Storm
Stuck River 4640 A Street Se 250 KW Cummins-S/N E110212302 $1,729.00
Asses 6965A-Portable 1305 C Street SE 100 KW Aptech-S/N 5221-1 $1,473.00
Brannan Park 1302 30th Street NE 230 ROZO Kohler-S/N 387173-0/5 LIB $1,729.00
Sewer
F Street 1700 F Street SE 50 KW Onan-5/N C010213543 $945.00
Rainer Ridge 31809 125th Place SE . 14.2 MQ Power-S/N 7103676 $945.00
Asses 6355A-Portable 1305 C•Street SE 125 MQ Power-S/N 7500413 $1,566.00
Peasly Ridge 5231 S 320th Street 30 ROZJ Kohler-S/N 067 4542 $945.00
Riverside 31930 104th Ave SE 50 DSEJB-S/N 2026651 $969.00
Area 19 800 71st Street SE 60 KW Onan-S/N A0507 41603 $1,158.00
Terrace View L/S 605 East Valley Hwy 60 KW Olympian-S/N CNPF03520 $1,158.00
Lake Tapps 2610 Lake Tapps Parkway 50 KW Onan-S/N 1050837 412 $969.00
Ellingson 100 41th Ave SE 125 KW Onan-S/N 0110206468 $1,568.00
Dogwood 1423 Dogwood Street SE 25 KW Onan-S/N 0100138799 $945.00
Verdana 11807 SE 269th Place/Kent 200 KW Onan-S/N 0080172573 $1,742.00
Area 40 4159 0 Street NE 40 KW Onan-S/N 0080176569 $969.00
Emerald Park 499 42nd Street SE 100 KW Onan-S/N 8140637571 $1,473.00 •
M Street 410 M Street SE 35 KW Onan-S/N C130479595 $969.00
8th Street P/S 900 8th Street NE 60 REOZJD-S/N 50M320265 $1,158.00
Valley Meadows P/5 2022 4th Street SE 60 REOZJD S/N SGM320266 $1,158.00
22 Street P/S 1950 22nd Street NE 60 REOZJD-S/N SGM3202B3 $1,158.00
R Street P/S 600 R Street NE 60 REOZJD-S/N SGM3202B4 $1,158.00
Asset 6964A Portable 1305 C Street SE 60 KW Olympian-S/N 2020250 $1,158.00
Promenade L/S SE 312th Place&SE 132nd Way 40 KW-S/NH170223857 $969.00
Sub-total $62,424.00
Tax $6,242.40
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