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AG 15-162 RETURN TO: Mary Jaenicke EXT: 6901 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Parks 6959 Q 2 2020 2. ORIGINATING STAFF PERSON: Derreck Presnell ... EXT: 3. DATE RE h3'�"; .� ,m... 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION O CONTRACT AMENDMENT(AG#):15-162 B ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Cummins-Maintenance&Labor Agreement-Generator Maintenance 6. NAME OF CONTRACTOR: Cummins Inc. ADDRESS: 811 SW Grady Way; PO Box 981 1: Renton,WA 98057 TELEPHONE 425 235 3400 E-MAIL: FAX: SIGNATURE. „ ,.. LL . NAME; _ d fpl TITLE Contract Administrator 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: Upon Signature ........................ _COMPLETION DATE:1 2/3„.1202.1... , 9. TOTAL COMPENSATION$9,347.89+$934 80=$10,282.69+Previous$59,719.54 Total Value$70,002.23 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) IS SALES TAX OWED ®YES ONO IF YES,$934.80 DOLLAR AMOUNT: $ PAID BYE]CONTRACTOR 101 CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAMAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 3 0,505-1100-331-576-80-t80 e-78�80,505-1100-331-5 6- - 51-576- 1 505-1100 043 54.... µmn. 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 0 LAW MP 1213/2020 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: N/A COUNCILAPPROVALDATE: N/A 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT .... DATE REC'D: ,....... ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) IN ITI AL/DAI`E sl I°NE�D l ❑ I ffih/D PARTNIEN"I" li ��ti°1( 'N fwwT'ORY([WOAN'OR OR DIRECTOR) a r I ❑ CITY CLERK �01"; . ,. „ ._ ❑ ASSIGNED AG# AG# COMMENTS: 12/3-be sure to get an updated insurance cart.mp 2/2017 33325 8th Avenue ou.uth Federal Way (253)835 7000 VVWW da" affe r al yr com AMENDMENT NO.3 TO MAINTENANCE AGREEMENT FOR GENERATOR MAINTENANCE This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Cummins, Inc., a Indiana Foreign Property company ("Contractor"). The City and Contractor(together"Parties"),for valuable consideration and by mutual consent of the Parties,agree to amend the original Agreement for Generator Maintenance ("Agreement") dated effective August 10, 2015, as amended by Amendment No(s),I and 2, as follows: 1. AMENDED TERM.The term of the Agreement,as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services,but in any event no later than December 31,2021 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment,as delineated in Exhibit B-3,attached hereto and incorporated by this reference.The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for the Amended Term.Except as otherwise provided in an attached Exhibit,the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement,together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 CMTY O :.33325 fillo Avenue South Fedeirall Way,WA 98003-6325 �Federal Way IN WITNESS,the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: MugBy: lerk t Jim Ferrell, NJ ph ��ie Courtney, CMC, � y DATE: APPROVED AS TO FORM: y J. Ryan mCall, City Attorn............e. y CUMMINS, INC.: Printed Name: t Title: � :. � Date: STATE OF W S ) ss. COUNTY OF _ a acfi ,,� n Oa Iav►� �� J o before me u I `a nu o� _�, to me known to be the On this day personally appeared mCufflminr P6~ (;CV)1t A&7h n that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of ww_ 1 i , 20 oZ I Notary's signature gnature 1 W 4\1 Notary's printed name 'dam �Y _- � No Public in and.for the S ate .f Washington. My commission empiresM j 44- Notaryf Michigan nc My CommE IS, �7 "AttMnE,Bn ` � AMENDMENT - 2 - 3/2017 3332 Sth veu�ui�u South Federal Way FederN Way,WA 98003-6325 c�•x r w4vwr,it3t(.✓9fc,<.Ie a)wiy.cof7i EXHIBIT B-3 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services,the City shall pay the Contractor an additional amount not to exceed Nine Thousand Three Hundred Forty-Seven and 89/100 Dollars ($9,347.89) and Washington State sales tax equal to Nine Hundred Thirty-Four and 80/100 Dollars ($934.80) for a total of Ten Thousand Two Hundred Eighty-Two and 69/100 Dollars ($10,282.69). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Seventy Thousand and Two and 23/100 Dollars ($70,000.23). AMENDMENT - 3 - 3/2017 0 IY DATE(MM/DDYYY) AC"R CERTIFICATE OF LIABILITY INSURANCE WS/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Risk Services Central Inc. NAME,?__ I1-11_grinsurance gear ,Inc. 200 E RandoN h St., Suite 0900 PHONE FAX pp hvutt, al........ _ IArC rtel Chicago, IL 6t�601 E-MAIL 317 841 6004 ADDRESS cunrrlm"'ist raikillgli'Isulara fa r rJrl;a._.... .... .. ...... INSURER(S)AFFORDING COVERAGE NAIC# INSURER A Old Republic Insurance Company ...... 24147 a........... _ ._ — INSURED INSURER B: Allianz Global Risks US Insurance Co 35300 Cummins Inc. ERC Ace American Insurance — — �.__. 500 Jackson Street INSURER ce company 22667 Mall Code 91676 INSURER D Columbus IN 47201-6258 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: 60061233 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .CNSR .............TYPE,OF���������...._,.... Jk6b 1.,IBIt�, ......— ..... .....POLICY EFF POLICY EXP T......... LTR� INSURANCE I POLICY NUMBER MMIDDIYYYY)_ MMADD/YYYY LIMITS A COMMERCIAL GENERAL LIABILITY MWZY 302202-20 12/1/2020 12/1/2021 EACH OCC URRENCE $2.000,000 .....,,, _ ✓ tAPlACLTOAORTV'fa` """ CLAIMS-MADE OCCUR _PREMISES. P i au ubax�:rsc+I $2 QOO 000 —._..... 5 00 (Any one person) „„51 Q.y000 Deductible$2 _ MED EXP m,PERSONALB,ADVINJURY $2,000,000 .. GEN L AGGREGATE LIMIT APPLIES PER GE NERAL $4,000,000 PI2CI- .ROnuCTs COMP/OP AGG $20„000,000 POLICY ,rECq LOC OTI J EH: OIC $ A AUTOMOBILE LIABILITY MWTB 314312-20 12/1/2020 12/1/2021a.. °,��DtsIN���E IM1T $2,000,000 ANY AUTO BODILY INJURY(Per person) $ ....�._,... ( accident) $ OWNED 'SCHEDULED BODILY INJURY Per acrid t $ AUTOS ONLY AUTOS HIRED NON-OWNED PHt3PER"r"rv'rJAMACE $ AUTOS ONLY .,.,, AUTOS ONLY 1.S R`lccldenll Phy Damage $Self Insured B UMBRELLA LIAB �/ OCCUR USLO1543420 12/1/2020 12/1/2021 EACH OCCURRENCE $2,5,00p0Q0 CLAIMS-MADE AGGREGA E $25,000,000 EXCESS LIAB ...... .T.. .......,..... ..—.. .-,. RETENTION$ $ A WORKERS COMPENSATION MWC 314311-20 12/1/2020 12/1/2021 PER 0111 AND EMPLOYERS'LIABILITY Y A N N I A ... STA7,ITS.. ........1R _... —.ANYPROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $2„000,000 OFFICERIMEMBER EXCLUDED? ON (Mandatory in NH) E L DISEASE-EA EMPLOYEE: If yes,de.cn"beunder �- DESCRgI T11ON OF OPERATIONS below E.L.DISEASE POLICY LIMIT s2,000,000 C Property(Sp.Form Incl.EQ&FLD) FAZD38486275 8/1/2020 8/1/2021 Limit:$10,000,000(Earthquake&Flood) C Leased/Rented Equipment FAZD38486275 8/1/2020 8/1/2021 Limit:$25,000,000 A Excess Auto Liability MWZX315881-20 12/1/2020 12/1/2021 Limit:$5,500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Federal Wayy is additional insured and coverage is primary and non-contributory on the general liability policy per the attached endorsements/ forms as required Ley written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Clt Of Federal Way THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33: 25 8th Ave S. ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way WA 98003-6325 AUTHORIZED REPRESENTATIVE „✓„r Richard Trakimas ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 6006x203 i 20/21. GL, AU UMB WC 20/2:I 2Crp tcustarn merr,i w i Doruxa Ifit--rd i 2/8/2021 1:20:41 PM (ES'P) I Stage 1. of A T'YSi ce:rt:i.fi.cate cancels and. ,s iupernedes ALL previously I.rradcd r..erti:f.z.cates. POLICY NUMBER: MWZY 302202 20 12/01/2020 - 12/01/2021 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON O ORGANIZATION This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Locations Of Covered Operations All persons or organizations as required by written contract or On File With Company agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 61N6L233 20/21 GL AU UMB We 20/21 C' Cr l (C1 itrrry } qW# f:p s�I ( '" W2Sg} 20:41'P /69?2t1210 pa�4/6191021 Tiara certificate cancels and s uper sed�u A,��: r= �� .+ wac i �,�YC�Ces. C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2018 F CG 20 10 12 19 6UUNS1233 20/21 GL AU UMB WC 20/21 ! YP (Cunt.' slid rm y,ilar?ma:� 44 Wl } 20:41 f2/69Y20�0Ba$g/61910'21 Thin Certificate cancels and sup e•�.sedes ��k e+JJY�.�Pda'�.'�'i,1�"'x',�rt,.e:�l I"..`��Y�Ces. POLICY NUMBER: MWZY 302202 20 12/01/2020 - 12/01/2021 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INS ' - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Descri tion Of Com leted O stations All persons or organizations as required by written contract or On File With Company agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 60KH 7233 1 20121 GL ALP UM€4 WC 20/21 FYdI P (CUStw�,�q s;a.9 f � ^" 20:41 f2A4Y20o1 a92/®1?20'21 A tv tl4 a 'Tl.a�.m certificate cancel© and au�,pe'����ee�es �� � .�. yr P�l�o�-`�t �°�' aMl�es• CUMMINS INC. Officer's Certificate I,Jennifer M Bush,do hereby certify that: 1. 1 am the duly elected,qualified and acting Vice President—Cummins Sales and Service North America of Cummins Inc.,an Indiana corporation located at 500 Jackson Street, Columbus,IN 47201 ("CMI"). 2. The following individuals are duly elected and qualified employees of the Sales and Service business of CMI,which is comprised of the US and Caribbean.Said individuals each hold the office indicated by their name below, and said individuals have each been granted the full authority to approve and sign sales agreements, local business licensing documents or forms, powers of attorney, bank financing documents, government procurement agreements and any other documents related to the activities of the Sales and Service business on behalf of CMI subject to and as limited by the authority granted him or her under the Delegation of Financial Authority Policy(CCP-0024): Name Title Brian Ondre(On-Highway) President, On Highway Segment CSSNA Zach Gillen(Service Operations) President, Service Operations CSSNA Vipul Tandon(PG) President, Power Generation North America Tom Shepherd(Industrial) President,Industrial Sales CSSNA Adrian Gibbons(On-Highway&Canada) Finance Director, On Hwy&Canada Claudiomir Berte(Operations) Finance Director Operations Ruie Adibuah(PG) Finance Director Power Gen Rukaiya Yamyolia(Industrial) Industrial Finance Director Andy Schilling Finance Director—On Highway Abbey Bales Accounting Director CSSNA Brian Wallace Vice President—PG,Northern US Ken Peterson Vice President—PG,Western US Chad Trager Vice President—PG, Southern US Jim R. Hay Director—Data Centers—North America Karla Haack Vice President—Consumer Sales—PG,North America Jonathan Evans Vice President—PG Solutions,North America Dean Gough Director—Power Generation Products&Services Lucio Kroll General Manager — PG & Gas Business — North America&Caribbean Kris Urban Vice President—On Highway Business Bryan Dodgen Vice President—On Highway Business Rick Ham Vice President—On Highway Business Hedy Groff Vice President—Industrial Sales,Northern US Susan Cleaver Vice President- Industrial Sales, Southern US Joe Becko Vice President- Industrial Sales, Western US Julie Bermudez Vice President—Industrial Sales—Strategic Accounts and EBU Off-Highway Cummins Inc. Officers Certificate Page 1 IN WITNESS WHEREOF,the undersigned has set her hand this Officer's Certificate this 30'day of April 2020. lennVro/Busfi Cummins Inc. Officers Certificate Page 2 2/23/2021 Washington State Department of Revenue Business Lookup License Information: New search Back to results Entity name: CUMMINS INC. Business CUMMINS INC name: Entity type: Profit Corporation UBI #: 600-414-931 Business ID: 001 Location I D: 0010 Location: Active Location address: 1800 FRYAR AVENUE SUMNER WA 98390 Mailing address: 500 JACKSON ST DEPT MC60113 COLUMBUS IN 47201-6258 Excise tax and reseller permit status: Click here Secretary of State status: Click here EndorsementsFilter Ilhur':uIII i ur , u;:w Luc t t u muilll� Status �uIII°muuiwi u! IIC'°uiurst !:;Sup https://secure.dor.wa.gov/gteunauth/_/#4 1/5 2/23/2021 Washington State Department of Revenue Endorsements held License # Count Details Status Expiratio First issu, Bainbridge IMand 44646 Active Oct-31-2 Feb-05-2 GeneirM Business ..- INoin-Resident 1f3uriein Generall 11631 Active Oct-31-2 Sep-24-2 Business - Non Resident 11::.".dinonds GenerM Active Jan-31-21 Jan-29-21 Business Noin Resident FederA Way 09-101529-00 Active Oct-31-2 Apr-30-2 Generall 1Busiiness Non lResiideint Kirldaind GenerA OBL24095 Active Oct-31-2 Feb-25-2 Business INon Resident Lynnwood 017827-03-20 Active Oct-31-2 Jan-03-21 Generall 1Business I Non-lResident Minor Work Active Oct-31-2 Jul-18-2C Flerrnit Mulkill-teo GeneraN Active Oct-31-2 May-06-, Business - Non- Resident Sea Fa c G e in e ra 1l Active Oct-31-2 Jun-12-2 Business IN o in Resident Sumner Generall Active Oct-31-2 Aug-22-� Business IN n- IResiident hftps://secure.dor.wa.gov/gteunauth/—,/#4 2/5 I I RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: PACK-s/HA IN// A -- . ORIGINATING STAFF PERSON: JASorJ l'l. f'j E Ie&g,i J EXT: b 9b,c) 3. DATE REQ.BY: TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT O GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) O ORDINANCE ❑ RESOLUTION VCONTRACT AMENDMENT(AG#): 15 1(,t. cS ❑ INTERLOCAL 0 OTHER / . PROJECT NAME: (:Ul-f nJS MA/�F.�AwIC� LA& A4e.a41 A) " �'Ith/�+2�1T8�- F'IAI►JT�r.�1AK►G1c- K NAME OF CONTRACTOR: £ t'fl l r,l3 (rJ G ADDRESS: : w - f.,•ti • 'o •X. 1 ;1 • _.1o*J uJA 'nog 7 TELEPHONE( 2.S�235 '. o E-MAIL: FAX: SIGNATURE NAME: TITLE EXHIBITS AND ATTACHMENTS:0 SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS . TERM: COMMENCEMENT DATE: COMPLETION DATE: /P/3 I / -oo IIQ1S.Ii = �► t7Z $39,75aa = '5P5 -7gT-T74 E VALV . TOTAL COMPENSATION$ 18'i i S I •V1 t 117 2 I('2411 TAX = J '��L 'f f6/,o , (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) 5% 1 REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED AYES ❑NO IF YES,$ 1,7,A L/ •�,'} PAID BY:E 'CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE 505- I1oo- 0Lt3- Pa- ?8-y$o III - 7/Do- 351- 57b - 5/ -'I$d ❑ PURCHASING: PLEASE CHARGE TO: 505 - Ito° - 331 - 6?6-30- to "> 505-/loo - 331 -574 o 1/fl0 0. DOCUMENT/CONTRACT REVIEW IAL/DATE REVIEWED INITIAL/DATE APPROVED PROJECT MANAGER lb/ZS/Zvi X ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW Oot Zo1$ 1. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING 1 (,J ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ? DATE REC'D: -Li ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) IMT /DATE IGNED 111 LAW DEPARTMENT Of 51 'y W GNATORY(MAYOR OR DIRECTOR) •_ • S , ❑ CITY CLERK /' �_ ❑ ASSIGNED AG# AG# V5��Co1c ❑ SIGNED COPY RETURNED DATE SENT: la,4,1.$ - OMMENTS: it,niR CITY OF CITY HALL Nil, Federal Wa 33325 8th Avenue 8th �../ (2 3)Fedex835-W000 A 9800003 6325 www cityoffederalway corn AMENDMENT NO. 2 TO MAINTENANCE AGREEMENT FOR GENERATOR MAINTENANCE This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation("City"), and Cummins, Inc., a Indiana corporation("Contractor"). The City and Contractor(together "Parties"),for valuable consideration and by mutual consent of the Parties,agree to amend the original Agreement for Generator Maintenance("Agreement")dated effective August 10, 2015, as amended by Amendment No. 1 as follows: 1. AMENDED TERM.The term of the Agreement,as referenced by Section 1 of the Agreement and any prior amendments thereto,shall be amended and shall continue until the completion of the Services,but in any event no later than December 31, 2020 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced bySection 4 of the P � Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment,as delineated in Exhibit B-2,attached hereto and incorporated by this reference.The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for the Amended Term.Except as otherwise provided in an attached Exhibit,the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement,together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 4111/4, CITY OF CITY HALL ' � 33325 8th Avenue South 4„,,,....„ edea ay Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederahvay corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: 1 I BY: i Ilii/ �� % //�r' Ji- :erre ;Mayor .h.nie Courtney, CMC,4ty Clerk DATE: /09/5/1 APPROVED AS TO FORM: LA.:_. P44,(A-f-ietta. ioir J. Ryan Call, City Attorney CUMMINS, INC.: By: A5c,f2,..,___ Printed Name: G r-eb r ki �, l C- t (,, Title: ?re c�ds,- Pa E;L L (� e...., ,_ �L.i u,,,. t u s i 3 c,1 le.„—,--„,, Date: 12_ 1 //9 STATE OF WASHINGTON ) ) ss. COUNTY OF V I1 ) On this day personally appeared before me 3Yei0Y . Ehliv ,v, to me known to be the Res'.de,, ,Pc, c 2 o ov of C cAvv‘t�n i hS Sco1e�-1- w;ce that executed the foregoing instrument,and ack 'owledged the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this isr day of ce J� ev , 201 Qi 3AACC7\4,(A '41AS tee° 0. ,,Missro ..q Notary's signature e ° �'Ftl� Notary's printed name C�Vi\yA A A. Lg 'S NOt tip mks Notary Public in and for the State of Washington. ?-1 i AG �/ r :II 6s My commission expires /11\Qr I) 2019 VA V4 1'•9f- B C .r'' i �'•.sty• 2019 ..••�� .`s •.,,41LgSHING� 00 ' ........III IWO AMENDMENT - 2 - 3/2017 ilk CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www cityoffederalway corn EXHIBIT B-2 ADDITIONAL COMPENSATION 1. Total Compensation:In return for the Services,the City shall pay the Contractor an additional amount not to exceed Eighteen Thousand One Hundred Fifty-One and 84/100 Dollars($18,151.84),and Washington State sales tax equal to One Thousand Eight Hundred Fifteen and 18/100 Dollars($1,815.18),for a total of Nineteen Thousand Nine Hundred Sixty-Seven and 02/100 Dollars($19,967.02).The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Fifty-Nine Thousand Seven Hundred Nineteen and 54/100 Dollars ($59,719.54). AMENDMENT - 3 - 3/2017 CUMMINS INC. Officer's Certificate I,Marya M. Rose, Vice President,Chief Administrative Officer of Cummins Inc., an Indiana corporation located at 500 Jackson Street, Columbus,Indiana, 47201, United States of America (the"Corporation"), hereby certify that pursuant to the Corporation's Financial Authorization Limits and Authority to Approve and Execute Agreements Policy 1. Gordon Zander, Director of Finance; 2. Greg Ehlinger, President—Cummins Northwest; and 3. Randy C. Karns, Director—Customer Care have each been granted the authority to sign documents on behalf of the Corporation in • the state of Washington relating to business/contractor licensing documents specific to labor and industry. IN WITNESS WHEREOF, I have hereunto signed my name and caused the seal of the Corporation to be hereunto affixed as of the 6th day of January, 2015. Marya \ )114- PONA-- . .Rom STATE OF INDIANA ) ) SS: COUNTY OF MARION ) Subscribed and sworn to before me, a Notary Public in and for said County and State, this 6th day of January, 2015. TRACEY L. WOOLSEY 1 { i $ J j Notary Publi;.. Stat, Of Indiana ,r i _ = Johnson Couniy.Comm 4;56,,,0 -Tracey L. Vjoolsey, Notary�Public My Commission Expires April 03, 2015 Resident o'f'Johnson County, Indiana Aihk, CITY OF CITY HALL 33325 .. Federal Way Feder 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederalway corn AMENDMENT NO. 2 TO MAINTENANCE AGREEMENT FOR GENERATOR MAINTENANCE This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation("City"), and Cummins, Inc., a Indiana corporation("Contractor"). The City and Contractor(together "Parties"), for valuable consideration and by mutual consent of the Parties,agree to amend the original Agreement for Generator Maintenance ("Agreement") dated effective August 10, 2015, as amended by Amendment No. 1 as follows: 1. AMENDED TERM.The term of the Agreement,as referenced by Section 1 of the Agreement and any prior amendments thereto,shall be amended and shall continue until the completion of the Services,but in any event no later than December 31, 2020 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment,as delineated in Exhibit B-2,attached hereto and incorporated by this reference.The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for the Amended Term. Except as otherwise provided in an attached Exhibit,the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 Nik, CITY OF CITY HALL 33325 . Federal Way Feder 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www crtyoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: J. Ryan Call, City Attorney CUMMINS, INC.: By: Printed Name: Title: Date: STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT - 2 - 3/2017 I I RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Par ORIGINATING STAFF PERSON: V_ 1W J EXT: /' ! 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ ORD ANCE ONTRACT AMENDMENT (AG#): /5' /i/2 ❑ OTHER ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: Ganz ra tur Mo-trli-ona,rtcr 6. NAME OF CONTRACTOR: C klitYAVVM Y\S ADDRESS: E -MAIL: SIGNATURE NAME: TELEPHONE 95057 FAX: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: 3t 7.01e) 1C. 51 • + 11214'42 � ax _ Ig,57lo 2 4 ° + �Iouy t9 Fsl ( Z1• = ,11/62 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 43/-ES ❑ NO IF YES, $ t12,14 • 42— PAID BY:BZ{ONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE BY (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED P RCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW ,..E'fROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) XLAW 11. COUNCIL APPROVAL (IF APPLICABLE) 504•1100•O • 7 %•Ltiso 505-1100.M- 57to• 3c> • L•tel.o 50'5. rib() •331.976 • BO •ute.o INITIAL / DATE REVIEWED 1p• 1$• 1b c_ 1d<<A I I IP COMMITTEE APPROVAL DATE: INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: WWI 2-C4 I k.02 DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPARTMENT CHIEF OF STAFF ,SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: INITIAL / DATE I NED 111-111, CITY OF t Federal Way AMENDMENT NO. 1 TO MAINTENANCE AGREEMENT FOR GENERATOR MAINTENANCE CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com This Amendment ( "Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Cummins, Inc., a Indiana corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Generator Maintenance ( "Agreement ") dated effective August 10, 2015 as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2018 ( "Amended Term "). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B -1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. AMENDMENT [Signature page follows] 1 1/2015 recleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway.. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Jim Fe DATE: ri /Q//� CUMMINS, INC. By: Printed Name: arditt &Ade" -- Title: biit.0 11*- ¥ /7)f tA!e DATE: /0/.4 /i6 Ore ij- STATE OF WAS.1. 4 ) ss. COUNTY OF �t _ ATTEST: anie Courtney, CM APPROVED AS TO FORM: ity Clerk City Attorney,? .Z.04 %\1 On this day personally appeared before me c v' 49. 2a'l der , to me known to be the 64-ech re f fikzcle.... of Cummins, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 3/ day of � �rr- , 20/4, . Notary's signature ,f /4 4 PDT Notary's printed name % 6 -0A(4? erzed Notary Public in and for the State of . p 4k . My commission expires 4ay Jd :�4 7 OFFICIAL SEAL TERAH JOY WOLD NOTARY PUBUC - OREGON COMMISSION NO. 478369 MY COMMISSION EXPIRES MAY 20, 2017 AMENDMENT 2 1/2015 4■._ Federal Way EXHIBIT B -1 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway.. com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Eighteen Thousand One Hundred Fifty -One and 84/100 Dollars ($18,151.84), and Washington State sales tax equal to One Thousand Seven Hundred Twenty -Four and 42/100 Dollars ($1,724.42), for a total of Nineteen Thousand Eight Hundred Seventy -Six and 26/100 ($19,876.26). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Thirty - Nine Thousand Seven Hundred Fifty -Two and 52/100 Dollars ($39,752.52). AMENDMENT 3 1/2015 RETURN TO: ' EXT: r n C'� U CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I. ORIGINATING DEPT/DINT: PRCS/G� /'� 2. ORIGINATING STAFF PERSON: ✓ ���� EXT: `F'�l( 3. DATE REQ. BY: 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,REP,REQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT .e-r'ISTAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER 1A n S. PROJECT NAME: y' Cyr 1 ( 1 atvi}'CGVIar�,Cs� t � 6. NAME OF CONTRACTOR: � '' " -11 •� C-�►,tn�. 3 ADDRESS:_al 1 51A3 &r+• • s►X ` 410 I■, .151[►1 A.tlib TELEPHONE: ?.5.25 - E-MAIL: FAX: SIGNATURE NAME: TITLE: 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# r_ BL,EXP.�_I2/31/ UBI# ,EXP. / / 8. TERM: COMMENCEMENT DATE: {``I�G'ROY\ COMPLETION DATE: �t�lic. `�c�. 1 ) ..016 9. TOTAL COMPENSATION:$ 14 •$4 I l Z� 4� x " (I1 •� }y` SAE TA ANY) INCLUDE EXPENSES AND SAL S TAX,IF ANY (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: .e yES ❑,NNO IF YES,$ I���,�j'4 4130 PAID BY: ❑CONTRACTOR O CITY ❑ PURCHASING: PLEASE CHARGE TO: 504 • I too e d�3 9.4 D •'T S• 10. DOCUMEN /CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL,/DATE APPROVED ROJECT MANAGER �- •to 1'5 ❑ SUPERVISOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) /r ❑ LAW DEPT M n1. e tl* L '(R 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING y� ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: Y"� 13 DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL/DATE SIGNED ❑ LAW DEPT /I ❑ SIGNATORY(MAYOR OR DIRECTOR) - • / ❑ CITY CLERK ❑ ASSIGNED AG# AG# BFI_ ❑ SIGNED COPY RETURNED DATE SENT: �•� ❑RETURN ONE ORIGINAL COMMENTS: * & ye Inte a Ca (( of (0 6 -�o I ��((4s. /14 ti a-,'7j (4, _ •, - iO iA- 1 Totn't: D-F C.oA-(NG't" C2wt \-k IMAUS no lte.% MrlirC.vtCQ.. (4 .NnM t5 WIIw k JA," �t+v►t -�' r►.e- t.,4 F p -tr I.r1 vtwrvot 7 A. Cost- ,u-�,,, 04- _,A WA-91 firr cam},, (..Lt, o r - uolvw�lr� v S t U( 60100‘4;:°O. '" 11/9 CITY OF CITY HALL '..., Federal Way 33325 8th Avenue South Federal Way.WA 98003-6325 (253)835-7000 www cityofiederalway corn MAINTENANCE AGREEMENT FOR GENERATOR MAINTENANCE This Maintenance Agreement("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Cummins Inc., an Indiana Corporation, with principal offices located at 811 SW Grady Way, Renton, WA("Contractor"). The City and Contractor(together"Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: CUMMINS INC.: CITY OF FEDERAL WAY: Ryan Schrag Steve Ikerd PO Box 9811 33325 8th Ave. S. Renton, WA 98057 Federal Way, WA 98003-6325 (425).235.3400 (telephone) (253) 835.6911 (telephone) (425)254-8694 (facsimile) (253) 835.2569 (facsimile) Ryan.schrag @cummins.com Steve.ikerd @cityoffederalway.com The Parties agree as follows: 1. TERM.The term of this Agreement shall commence upon the effective date of this Agreement,which shall be the date of mutual execution, and shall continue until the completion of the Work,but in any event no later than December 31, 2016 ("Term").This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit"A", attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction,within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties.The Contractor warrants that it has the requisite training,skill,and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities,including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed.The Contractor warrants goods are merchantable,are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code,Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one(1)year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven(7)calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City,the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time,Documentation,and Inspection.Work shall begin immediately upon the effective date of this Agreement. Work shall be subject,at all times,to observation and inspection by and with approval of the City,but the making(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in MAINTENANCE AGREEMENT - 1 - 1/2015 ` CITY OF CITY HALL ,�..., 33325 8th Avenue South Fe d e ra I Way Federal Way,WA 98003 03 -6325 (253)835-7000 www cilyoffederalway corn accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up.At any time ordered by the City and immediately after completion of the Work,the Contractor shall, at its own expense,clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up,the City may,but in no event is it obligated to,perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION.Either party may terminate this Agreement,with or without cause,upon providing the other party thirty(30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies,breaches confidentiality,or materially violates Section 12 and may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount.In return for the Work,the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit `B", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for the Term.Except as otherwise provided in Exhibit"B",the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment.On a monthly basis,the Contractor shall submit a voucher or invoice in the form specified by the City,including a description of what Work have been performed,the name of the personnel performing such Work,and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty(30)days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement,the Contractor will correct or modify the work to comply with the Agreement.The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work.If any goods,materials,or services provided under this Agreement are either defective,unauthorized,or otherwise do not meet the requirements of this Agreement,the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials,or services are acceptable to the City.If Contractor is unable,for any reason,to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City."Additional costs"shall mean all reasonable costs,including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above.The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period,the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period,and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated.No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment:Waiver of Claims.Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. MAINTENANCE AGREEMENT - 2 - 1/2015 ` CITY OF CITY HALL Federal Way Federal 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www ciryotfederaiway.com 5. INDEMNIFICATION. 5.1 Contractor Indemnification.The Contractor agrees to release indemnify,defend,and hold the City,its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands,actions,suits,causes of action,arbitrations,mediations,proceedings,judgments,awards,injuries,damages,liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including,without limitation,their respective agents,licensees, or representatives,arising from,resulting from,or in connection with this Agreement or the performance of this Agreement,except for that portion of the claims caused by the City's sole negligence. 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 Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials,officers,employees,agents,representatives,insurers,attorneys,and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act,Title 51 RCW,solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages,compensation or benefits payable to or by any third party under workers'compensation acts,disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands,actions,suits,causes of action,arbitrations,mediations,proceedings,judgments,awards,injuries,damages,liabilities, losses, fines,fees,penalties expenses,attorney's fees,costs,and/or litigation expenses to or by any and all persons or entities, including without limitation,their respective agents,licensees,or representatives,arising from,resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE.The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum,the following insurance,in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises,operations,independent contractors,products-completed operations,stop gap liability,personal injury,bodily injury,death,property damage,products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and$2,000,000 general aggregate. b. Workers'compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death,and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City.Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. MAINTENANCE AGREEMENT - 3 - 1/2015 Aah, CITY OF CITY HALL , 33325 8th Avenue South Fe d e ra I Way Federal Way,WA 98003-6325 (253)835-7000 www cityoffederaiway corn 6.3. Additional Insured,Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit"C"and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are"claims made,"Contractor shall be required to maintain tail coverage for a minimum period of three(3)years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY.All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination.The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications,records, files, computer disks,magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all needed or contracted for work project upon demand. All records submitted by the City to the Contractor will be safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City upon the City's request. At the expiration or termination of this Agreement,all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS.The Contractor agrees to maintain books,records,and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject,at all reasonable times,to inspection,review or audit by the City,its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR/EMPLOYEE CONDITIONS. 10.1 Independence.The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work,the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor,shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual,the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safety.Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents,and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes,including without limitation,all OSHA/WISHA requirements,Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards(Chapter 296-62 WAC). Contractor shall erect and properly maintain,at all times,all necessary guards,barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings,crosswalks,street intersections,post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind.Contractor shall protect from damage all water,sewer, gas, steam or other pipes or conduits,and all hydrants and all other property that is likely to become displaced or damaged by MAINTENANCE AGREEMENT - 4 - 1/2015 Ahhi. CITY OF CITY HALL ._ Federal Nay 8th Avenue South FederA 98003-6325 Feder(253)835-7000 www cityoffederalway corn the performance of the Work.The Contractor shall,at its own expense,secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk,and Contractor shall be responsible for any loss of or damage to materials,tools,or other articles used or held for use in connection with the work.Industrial or any other insurance that is purchased for the benefit of the City,regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor,the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 10.4 Prevailing Wages. 10.4.1 Wages of Employees.This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington,as now existing or hereafter amended or supplemented.In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers,workers and/or mechanics,Contractor shall not pay less than the"prevailing rate of wage"for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed,as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington,which current"prevailing rates of wage"are attached hereto as Exhibit"D" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids,proposals,or quotes were required to be submitted to the City. 10.4.2 Agreements Exceeding One Year.Pursuant to WAC 296-127-023,or hereafter amended,the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year.The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 10.4.3 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 10.4.4 Reporting Requirements.Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington.Upon the execution of this Agreement,Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Depar lment of Labor and Industries.Upon completion of the Work,Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries,to the City. 10.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 11. CONFLICT OF INTEREST.It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER.In all services,programs,activities,hiring,and employment made possible by or resulting from this Agreement or any subcontract,there shall be no discrimination by Contractor or its subcontractors of MAINTENANCE AGREEMENT - 5 - 1/2015 ` CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253) 835-7000 wrww cityoffederalway.com any level,or any of those entities'employees,agents,subcontractors,or representatives against any person because of sex,age (except minimum age and retirement provisions),race,color,religion,creed,national origin,marital status,or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW,Title VI of the Civil Rights Act of 1964,the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973,49 CFR Part 21,21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements,whether oral or written,shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement,the terms of this Agreement shall prevail.The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement.Any provision of this Agreement that is declared invalid,inoperative,null and void,or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement,is hereby ratified as having been performed under the Agreement.No provision of this Agreement,including this provision,may be amended,waived,or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries.Neither the Contractor nor the City shall have the right to transfer or assign,in whole or in part,any or all of its obligations and rights hereunder without the prior written consent of the other Party.If the non- assigning party gives its consent to any assignment,the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing,the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto.No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal,state,local,and city laws including,without limitation,all City codes,ordinances,resolutions,regulations, rules,standards and policies,as now existing or hereafter amended,adopted,or made effective.If a violation of the City's Ethics Resolution No. 91-54,as amended,occurs as a result of the formation or performance of this Agreement,this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement.Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor.Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement.Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three(3)days after the date of mailing.Any remedies provided for under the terms of this Agreement are not intended to be exclusive,but shall be cumulative with all other remedies available to the City at law,in equity or by statute.The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement,or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default.Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default.This Agreement shall be made in,governed by,and interpreted in accordance with the laws of the State of Washington.If the Parties are unable to settle any dispute,difference or claim arising from this Agreement,the exclusive means of resolving that dispute,difference,or claim, shall be by filing suit under the venue,rules and jurisdiction of the King County Superior Court,King County, Washington, MAINTENANCE AGREEMENT - 6 - 1/2015 ` CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253)835-7000 www cityoffederalway corn unless the parties agree in writing to an alternative process.If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County,Washington and waives any objection that such courts are an inconvenient forum.If either Party brings any claim or lawsuit arising from this Agreement,each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit,including all appeals,in addition to any other recovery or award provided by law;provided,however,however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement.This Agreement may be executed in any number of counterparts,each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document.All such counterparts shall be construed together and shall constitute one instrument,but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages.The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"hereof. [Signature page follows] MAINTENANCE AGREEMENT - 7 - 1/2015 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253)835-7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: '441 4111111 / i By: � �-'� t/ 0 Jo )-utton, P. Tirector 1 C erk, Stephanie Courtney CMC DATE: P//dAs-- APPROVED AS TO FORM: ThzOLt .tirCity Attorney, Amy Jo Pearsall CUMMINS INC. ( Printed Name: - 'dfr' (2. j L/z../6 Title: ji,2r-ciZj�C�FC DATE: u 3/, 20/3' STATE OF WASHINGTON ) ) ss. COUNTY OF'/%� ) O thjs day personally appeare before - �A A d' , to me known to be the �X, of n/Okiltei that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this / day of _-. ll , 20`,- Notary's signature ,� 404 fl<<. _ Notary's printed name OjEj/ � /10M Notary Pub is • and for the State of Washington.9 My commission expires -c; 9 -48/ MAINTENANCE AGREEMENT - 8 - 1/2015 ‘16, CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www.cilyoffederaiway corn EXHIBIT "A" SERVICES 1. The contractor shall perform the following detailed services based upon two site visits per year. One spring visit shall include a full service shown in the associated maintenance standards chart and the fall visit shall include inspections also shown in the chart. Generator Maintenance Standards - City of Federal Way Full 2nd visit Services performed at each scheduled visit. service Mar-Apr Sep-Oct Basic Service Check oil level X X Check fuel level X X Take fuel sample for a visual inspection X X Drain fuel water separator X X Inspect all fuel lines X X Check anti-freeze level and freeze point & DCA concentrate X X Check radiator and coolant hose conditions X X Check block heater operation X X Check batteries with load test and gravity X X Check battery charging system X X Check and test starter operations X X Check air cleaners and check & clean related intake system X X Check exhaust system and drain condensate traps (if applicable) X X Check conditions of all drive belts and tighten properly X X Check control panel(s), clear alarms and in auto position X X Check the generator set breaker is closed X X Check for any fluid leaks X X Log service and findings in onsite book or with owner X X Function Service Operate the generator to verify frequency, voltage & engine X X operation Test protective alarm (if applicable) X X Inspect transfer switch system (if applicable) X X Full Service Take oil sample for analysis & provide a test report X Change crankcase oil and filter X Change coolant filter if applicable X Take fuel sample for analysis & provide a test report X Change fuel filter X MAINTENANCE AGREEMENT - 9 - 1/2015 ` CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway.corn City of Federal Way Generators Location Manufacturer Size Model Number Serial Number City ID Number City Hall; 33325 8th Onan 750 KW DFGE- E040638190 92460 Avenue S. 5672987 Police Facility; 600 S. 333rd Onan 35 KW DGGD- C080165474 92480 7075072 FW Community Onan 750 KW DQFAA- D0800176462A 92490 Center; 7082284 876 S. 333rd Maint. Facility; 11.7 KW/11.7 31130 28th Ave Onan KVA GS 12D- 02005488LPWA3A79 92470 S. LPBD3-208 Portable Unit Onan 60 KW/75 KVA OT70C T7008-000105 92500 Portable Unit Onan 60 KW/75 OT70C T7008-000105 92510 KVA MAINTENANCE AGREEMENT - 10 - 1/2015 ` CITY OF CITY HALL Fe d e ra I Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www.cityoffederalway com Bid rates per year for 2015-2016 ITEM tax not DESCRIPTION included 2 annual service visits City Hall 1799.59 Police 760.46 Community Center 2031.58 Maintenance Facility 713.19 Portable 760.55 Portable 760.55 Sub total 6825.92 The following services are by request only and will be billed separately as additional services Load bank test upon request City Hall 1157.40 FWCC 1157.40 Police 567.20 Sub total 2882.00 Change all coolant& hoses upon request City Hall 3526.00 FWCC 3750.00 Police 1135.00 Maintenance Facility 1000.00 2 portable generators 1450.00 Sub total 10861.00 Clean & polish diesel fuel upon request City Hall 1980.00 FWCC 1980.00 Police 1040.00 Maintenance Facility 970.00 2 portable generators 1040 ea Sub total 5970.00 Replace batteries upon request City Hall 911.00 FWCC 911.00 Police 575.00 Maintenance Facility 575.00 2 portable generators 575.00 Sub total 3547.00 Hourrly rate for additional services 140.00 Transfer switch work? Yes MAINTENANCE AGREEMENT - 11 - 1/2015 CITY OF CITY HALL ;., Federal Way 3e3e5 8th Avenue South Federal Wayy,,WA 98003 003 -6325 (253) 835-7000 www cityoffedera/way.com EXHIBIT `B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to exceed Eighteen Thousand One Hundred Fifty-One and 84/100 Dollars ($18,151.84) and Washington State sales tax equal to One Thousand Seven Hundred Twenty-Four and 42/100 Dollars ($1,724.42) for a total of Nineteen Thousand Eight Hundred Seventy-Six and 26/100 Dollars ($19,876.26). MAINTENANCE AGREEMENT - 12 - 1/2015 CUMMINS INC. Officer's Certificate I, Marya M. Rose, Vice President, Chief Administrative Officer of Cummins Inc., an Indiana corporation located at 500 Jackson Street, Columbus, Indiana,47201,United States of America(the"Corporation"), hereby certify that pursuant to the Corporation's Financial Authorization Limits and Authority to Approve and Execute Agreements Policy 1. Gordon Zander, Director of Finance; 2. Greg Ehlinger, President—Cummins Northwest; and 3. Randy C. Karns, Director—Customer Care have each been granted the authority to sign documents on behalf of the Corporation in the state of Washington relating to business/contractor licensing documents specific to labor and industry. IN WITNESS WHEREOF, I have hereunto signed my name and caused the seal of the Corporation to be hereunto affixed as of the 6th day of January, 2015. Marya Ro STATE OF INDIANA ) ) SS: COUNTY OF MARION ) Subscribed and sworn to before me, a Notary Public in and for said County and State, this 6'' day of January, 2015. 3 o� o 6 TRACEY L. WOOLSEY "f 1 'r/ 4 ' ( k,/ i Notary Public. State of Indiana `z 3( r t, Y t„? ',,,,,It , t ,„„A„. Johnson County,Comm.s 563770: �'i racey L. i oolsey,Notary Public'lc ,t,,,,,t My Commission Expur©s # �3 `j April 03, 2015 Resident o'fJohnson County, Indiaha