CCR2018086-Attachment8/24/2018
CITY OF MUSKEGO
PO BOX 903
W182 S8200 RACINE AVENUE
MUSKEGO, WI 53150
RE: Planned Maintenance Proposal
Dear Scott Kroeger,
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,
Stan Sandall
Stan Sandall
Planned Maintenance Sales
Office: (262) 389-6712
Cell:
Email: stan.l.sandall@cummins.com
Cummins Inc.
800 West Ryan Road
Oak Creek, WI 53154
Phone: (414) 768-7400
Fax: 1-888-230-6699
PLANNED EQUIPMENT MAINTENANCE AGREEMENT
Customer Address Customer Contact Quote Information
CITY OF MUSKEGO
PO BOX 903
W182 S8200 RACINE AVENUE
MUSKEGO, WI 53150
Customer #: 67635
Payment Type: Pay As You Go
Name:Scott Kroeger Quote Date:8/24/2018
Phone:(262) 679-5686 Quote Expires:10/23/2018
Cell:Quote ID:QT-3709
Fax:Quoted By:Stan Sandall
E-mail:skroeger@cityofmuskego.org Quote Term:5 Year
Site Name:City Hall
(W182 S8200 RACINE AVE MUSKEGO WI 53150)
Unit Name:City Hall
Make:Cummins
Model:C100 N6
S/N:8180322109
Size:100kW
ATS Qty:2
Notes:
Year Month of
1st Service Service Type Qty Sell Price Extended Price
1 November Inspection 1 $274.07 $274.07
1 May Full Service 1 $422.60 $422.60
Year 1 Total:$696.67
2 November Inspection 1 $281.22 $281.22
2 May Full Service 1 $435.71 $435.71
2 May Battery 1 $254.08 $254.08
Year 2 Total:$971.01
3 November Inspection 1 $288.59 $288.59
3 May Full Service 1 $449.28 $449.28
Year 3 Total:$737.87
4 November Inspection 1 $296.18 $296.18
4 May Full Service 1 $463.34 $463.34
4 May Battery 1 $276.18 $276.18
Year 4 Total:$1,035.70
5 November Inspection 1 $304.00 $304.00
5 May Full Service 1 $477.90 $477.90
Year 5 Total:$781.90
Total Agreement Amount:*$4,223.14
*Quote does not include applicable taxes
Cummins Inc.
800 West Ryan Road
Oak Creek, WI 53154
Phone: (414) 768-7400
PLANNED EQUIPMENT MAINTENANCE AGREEMENT
Customer Address Customer Contact Quote Information
CITY OF MUSKEGO
PO BOX 903
W182 S8200 RACINE AVENUE
MUSKEGO, WI 53150
Customer #: 67635
Payment Type: Pay As You Go
Name:Scott Kroeger Quote Date:8/24/2018
Phone:(262) 679-5686 Quote Expires:10/23/2018
Cell:Quote ID:QT-3709
Fax:Quoted By:Stan Sandall
E-mail:skroeger@cityofmuskego.org Quote Term:5 Year
Total Agreement Amount:*$4,223.14
*Quote does not include applicable taxes
Comment:
Planned maintenance will start in 2018
The “year ” on the quote refers to the term year of the planned maintenance proposal, not the actual calendar year.
This planned maintenance quote is for two visits a year by our technician as recommended. One visits is a complete
multipoint inspection of the emergency generator and transfer switches, the other visit around 6 months later will
included the same multipoint inspection and also include the replacement of the engine oil and all the fluid filters.
Starting batteries replaced every two years as recommended by the manufacture.
This planned maintenance quote requires an established credit account in good standing with Cummins, otherwise
a credit card number will need to be supplied for payment at the time the planned maintenance work is scheduled.
Planned maintenance service events are discounted service events. Cummins request 45 Days from the start of any
planned maintenance quote acceptance to perform the first service event.
***Quote is based upon performing planned maintenance services during regular business hours. Monday - Friday,
7:30am - 4:00 (Unless noted as overtime another place in this document) If services need to be performed after
regular business hours or on a Saturday, Overtime Labor Rates will apply and quote will be revised. Other
assumptions are; all generators are 480 volts or less, Access is easy, and Load bank cable runs are less than 50
Feet, if not the quote will be revised.
Automatic Transfer Switch maintenance includes any inspection testing and cleaning of the switch that does not
require the switch to be disconnected from the Utility feed.
WE WOULD APPRECIATE A CONTACT NAME FOR ARRANGING SERVICE VISITS:
CONTACT NAME & E-MAIL............................................................
PLEASE RETURN - to Stan.L.Sandall@cummins.com
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
incorporated herein by reference.
Customer Approval (Quote ID QT-3709) Cummins Inc. Approval
Signature:_____________________________________ Signature:_____________________________________
Date:_____________________________________ Date:_____________________________________
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 Inc. 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 Inc. 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” section of the Quote. No additional services or materials
are included in this Agreement unless agreed upon by the parties in supplemental documentation. Cummins Inc. shall provide the Services in a safe and workmanlike manner.
Cummins Inc. has licenses, permits, authorizations, or registrations necessary to perform the Services. Unless otherwise indicated in the Quote, Cummins Inc. 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 Inc.’ operations.
Customer shall provide Cummins Inc. safe access to Customer’s site and arrange for all related services and utilities necessary for Cummins Inc. 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.
2. PAYMENT TERMS. If Customer has approved credit, as determined by Cummins Inc., 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 Inc. has under the law and charges that Cummins
Inc. may levy against Customer under statue (including attorney fees and costs of collection), Cummins Inc. may charge Customer eighteen percent (18%) annually, or the
maximum amount allowed by law, on late payments. If Customer does not have approved credit payment shall be due immediately at the time of invoice.
3. DELAYS. Cummins Inc. shall not be liable for any delays in performance that result directly or indirectly from acts of Customer or causes beyond Cummins Inc.’ control,
including but not limited to acts of God, accidents, fire, explosions, flood, unusual weather conditions, acts of government authority, labor disputes, and/or union mandated
procedures resulting in a loss of time and productivity in services being performed.
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 Inc.’ obligation shall
be limited to correcting the defective workmanship. Cummins Inc. shall correct the nonconforming Services where (i) such nonconformity becomes apparent to Customer during
the warranty period; (ii) Cummins Inc. receives written notice of any nonconformity within thirty (30) days following discovery by Customer; and (iii) Cummins Inc. 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 Inc. is willing to correct defective Services or refund the
purchase price therefor.
5. LIMITATIONS ON WARRANTIES AND REMEDIES.
Cummins Inc. 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 Inc. Some states do not allow limitation on warranties, so these limitations may not apply to you.
THE MAXIMUM LIABILITY, IF ANY, OF EITHER PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, AGREEMENT DAMAGES
AND DAMAGES FOR PROPERTY, WHETHER ARISING FROM CUMMINS INC.’ INDEMNITY HEREUNDER, BREACH OF AGREEMENT, BREACH
OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, IS LIMITED TO AN AMOUNT NOT TO EXCEED 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 INC. 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 and 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. 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
party (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. 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 in which services are to be rendered or performed without
giving effect to any choice or conflict of law provision. The parties agree that the courts of the State in which services are to be rendered or performed and shall have exclusive
jurisdiction to settle any dispute or claim arising in connection with this Agreement.
9. INSURANCE. Upon Customer’s request, Cummins Inc. will provide to Customer a Certificate of Insurance evidencing Cummins Inc.’ 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 Inc.
11. IP. Any intellectual property rights created by Cummins Inc. in the course of the performance of any Agreement or otherwise shall remain Cummins Inc.’ property. Nothing
in these conditions shall be deemed to have given Customer a licence or any other rights to use any of the intellectual property rights of Cummins Inc.
12. MISCELLANEOUS. Cummins Inc. 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.
13. Termination. Either party has the right, to terminate this Agreement within thirty (30) days prior notice, unless the work has already been performed and completed.
“Cummins, Inc. acknowledges that any and all documentation relating to this agreement and the services provided are subject to the open records laws of the State of Wisconsin”
Battery & Battery Charger System
•Check battery charger functions
•Cable connections, termination cleanliness
and security
•Check electrolyte level, vent caps of all cells in
the starting batteries
•Battery conductance test
Fuel System
•Inspect main tank / day tank fuel level
•Inspect day tank controls and pumps. Test operate
day tank controls (where available)
•Inspect all fuel hoses, clamps, pipes, components,
and fittings
•Inspect governor linkage
•Visually inspect rupture / containment basin
•Water in Fuel Test - Sub-base, day tanks
•Optional - fuel sample for laboratory analysis*
Engine Cooling System
•Inspect all hoses and clamps for leaks,
coolant level, and condition
•Inspect radiator cap and filler neck condition
•Inspect drive belts, observe alignment and deflection
•Observe coolant heater operations
•Utilize DCA test strip to record coolant properties
•Inspect radiator surfaces, shrouds, and barriers,
for obstruction
•Visually inspect low temperature after cooler coolant
•Optional - coolant sampling*
Engine & Lubrication System
•Inspect lubrication system (visually check oil level)
•Inspect crankcase ventilation system
•Inspect spark ignited ignition system
•Oil sample for laboratory analysis when recommended
Intake / Exhaust System
•Inspect air cleaner element and entire intake system
•Inspect exhaust system and rain cap
•Inspect louver operations
Generator Controls & Power Connections
•Visually inspect all engine mounted wiring, senders,
and devices
•Visually inspect all control mounted components
and wiring
•Lamp test all lights and indicators
•Visually inspect breaker and power connections
•Manually operate generator main breaker(s) open
and closed**
**NOTE: Will not exercise breakers or contactors on a paralleling device
Generator Operations
•Start and observe generator and equipment
operations
•Verify engine and generator safeties for proper
operation
•System test with or without load
Automatic Transfer Switch
Paralleling Switchgear, Bypass Switchgear,
Manual Transfer Switches
•Visually inspect all power and control wiring
•Visually inspect switch mechanism and enclosure
•Visually inspect controls and time delays settings
•Verify function of exercise clock
Power Generation System
Planned Maintenance
INSPECTION
MONTHLY, QUARTERLY, OR ONE-TIME PER YEAR
FULL SERVICE
INCLUDES INSPECTION
Operational & Functional Review of Generator Critical Components
•Inspect engine cooling fan & fan drives for excessive wear or shaft wobble
•Check all pulleys, belt tensioners, slack adjusters & idler pulleys for travel, wear & overall condition
•Inspect / lubricate drive bearings, gear or belt drives, and other shaft connecting hardware
Lubrication Oil & Filtration Service
•Change engine lubrication oil
•Change primary lubrication and bypass filters
•Change fuel filters
•Post lube services operations of genset (unloaded) at rated temperature
*Additional Charge
Any additional repairs, parts, or service which are required will be brought to the attention of the owner. Repairs will only be made after proper authoriza-
tion from the owner is given to Cummins. Any additional repairs, maintenance or service performed by Cummins or a Planned Maintenance Agreement
holder will be at current Cummins labor rates.
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