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PW18-284 - Original - Cummins Inc. - Guiberson Reservoir Generator and Tank - 07/13/2018
KENT Records. Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. ❑ Blue/Motion Sheet Attached ® Pink Sheet Attached Vendor Name: Cummins Inc. _.._, Vendor Number (JDE): Contract Number (City Clerk): N Category: Contract Agreement Sub-Category (if applicable) i i fw .c, �n si c _w _ _.. Project Name: Guiberson Reservoir Generator and Tank Contract Execution Date: Date of the Mayor's signature Termination Date: 12/31/18 Contract Manager: Kevin Swinford Department: PW: Operations Contract Amount: $24,327.60 Approval Authority: ❑ Director ® Mayor ❑ City Council Other Details: Manufacture-and supply a diesel aenerator and diesel tank for Guiberson Reservoir. GOODS & SERVICES AGREEMENT between the City of Kent and Cummins Inc.. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Cummins Inc. organized under the laws of the State of Indiana, located and doing business at 1030 SW 341h St. Ste A, Renton, WA 98057, Phone: (425) 235-3400, Fax: (425) 254- 8964, Contact: Dan Lanske (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Contractor shall manufacture and supply a diesel generator and diesel tank for the Guiberson Reservoir. For a description, see Exhibit A and the Contractor's bid which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2018. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty Four Thousand, Three Hundred Twenty Seven Dollars and Sixty Cents ($24,327.60), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Contractor shall be paid upon receipt of generator, GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including NSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. I A. Defective or Unanehnri7ari Wnrk, The Cityreserves its right to withhold g payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor 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 Vendor 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 Vendor. B. Final Payment. Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor 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. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reacc i that an amendment is necessary, Vendor must submit a written amendment request to the Berson fisted in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. It the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach GOODS & SERVICES AGREEMENT- 2 (Over$20,000, including NSST) agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claire. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. g, Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall"" have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Ven s Dalty to Complete Protested Wgrk, In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement, GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Prr7cedare5 Co_nStikLtes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. 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 an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL Nl�URaNcE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to harve been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of Its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor 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. XIV. MISCELLANEOUS PROVISIONS. A. EMI;Labl� Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. 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. C. ResolutionmmofDis„putes and Governing Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees 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, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Asslanment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. 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. F. Modificatlon. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entireeat. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner, this Agreement. All of the above documents are hereby made a part of this Agreement, however, should any language in any of the Exhibits to this Agreement conflict with any Language contained in this Agreement, the terms of this Agreement shall prevail. GOODS & SERVICES AGREEMENT - 5 (Over$20,000, includingWSST) H. CampNiance with Laws. The Vendor agrees to comply with all federal, state, and municipal i laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Retards Aet. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42,56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. CNty Business License Requir d. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and SNct atta es by Fax or Elmail. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as If the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. __........... _..._ -.......... ...... VENDOR: CITY OF KENT: Digitally signed by Jim q By:, Stalnaker qM, o��u By —� t mmins Inc,ou=Power (signature) .✓ Print Name:_ " Gwe Print Name: Dana Ralph Its y email—au342pcummIns.com, Its Mavar/ -c-nr _— DATE: °i wee:zote,oe.ta n e4:00 DATE: M16 _ rn te.` NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Dan Lanske Geta. i=Be'ti r " Timothy J. LaPorte, P.E. Cummins Inc. City of Kent 1030 SW 34`h St., Suite A 220 Fourth Avenue South Renton, WA 98057 Kent, WA 98032 (425) 235-3400 (telephone) (253) 856-5500 (telephone) (425) 254-8964 (facsimile) (253) 856-6500 (facsimile) GOODS & SERVICES AGREEMENT- 6 (Over$20,000, including WSST) -................. ....._................ _ APPROVED AS TO FORM: i Kent Law Department ATTEST&a4- a _ Kent City Cle Cummins Inc,-Gulberson fteservolr Generator/Swln ford GOODS & SERVICES AGREEMENT- 7 (Over$20,000, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1, I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4, During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5, Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By; Digitally signed by Jim Stalnaker DN.cn�-- Im Nana er, For; f i; o=Cummins Inc,ou=Power Gen, email=au342@cummins.com, Title: � , ,� t=l1S � _ -' Date:2018.06.14 1 1:34:27 Date: -07'00' EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 March 13,2018 QUOTATION NO:25887 Cummins EXHIBIT A 1030 SW 34th St, Suite A Renton, Washington, 98057 Project: City of Kent 15kW Quotatlon No: 25887 City of Kent Main; 253-856-4410 400 W Gowe St Kent, Washington, 98032 Item Notes ID Description Qty 1 FRI1246RMM1 Delivery 1 FR11246RMMI-AA Delivery 2 Diesel Genset: 60Hz-10kW-20kW 1 Install-US-Stat U.S. EPA, Stationary Emergency Application C15 D6 15l 60HZ, Standby, Diesel Genset A331-2 Duty Rating-Standby Power L090-2 Listing-UL 2200 L228-2 Certification-Seismic, IBC2000, IBC2003, IBC2006, I802009, IBC2012 L193-2 NFPA 110 Type 10 Level 1 Capable L222-2 Emissions Certification, EPA, Tier 4i, NSPS Cl Stationary Emergency F217-2 Enclosure-Aluminum,Sound At1,Level 2, w/Exh System R104-2 Voltage-1201240,1 Phase,3 Wlre BB96-2 Alternator-60HZ,4L,240/1 20V,1 PH,105C,40C amb,IMS H700-2 Generator Set Control-PowerCommarid 1 ,1 6240-2 Exciter/Regulator-Torque Match A366-2 Engine Governor-Electronic, Isochronous Only H536-2 Display Language-English H728-2 Meters-AC OutputAnalog (kVA) H012-2 Gauge-OiiPressure K796-2 Stop Switch-Emergency KS53-2 Signals -Auxiliary, 8 Inputs/8 Outputs H608-2 Control Mounting-Right Facing KV03-2 Load Connection-Single KV12-2 CB,Loc A,70A,2P,600VAC,809/,,UL P176-2 Enclosure Color-Green,Aluminum Enclosure F252-2 Enclosure - Wind Load 1BOMPH, ASCE7-10 C305-2 Fuel Tank-Regional, 2 Wall, Sub Base, 72Hr Minimum C309-2 Alarm Panel-High Fuel C308-2 Switch-High, 90% Fuel C310-2 Switch-Low, 40%Fuel C311-2 Tube-Fuel Tank, Fill Down, 6" from Bottom C312-2 Mechanical Fuel Gauge Page 1 of 8 March 13,2018 QUOTATIONNO:25887 tern Notes ID Description Cty C314-2 Box-Spill Containment, 5 Gal, Lockable C315-2 Extensions Kit-Fuel Tank Vents, 12ft C318.2 Switch-Fuel Tank, Rupture Basin, Installed F179-2 Skidbase-Hou sing Ready A422-2 Engine Starter- 12 VDC Motor A333-2 Battery Charging Alternator-Normal Output BB89-2 Battery Charger - 6 Amp, Regulated E125-2 Engine Cooling-High Ambient Air Temperature H389-2 Shutdown-Law Coolant Level E089-2 Extension-Engine Coolant Drain H669-2 Engine Coolant-50% Antifreeze, 50% Water Mixture El53-2 Coolant Heater, Cold Ambient 0036-2 Engine Air Cleaner-Heavy Duty H706-2 Engine Oil L182-2 ST 3YR 1500HR PARTS L050-2 Literature-English A322-2 Packing-Skid, Poly Bag L261-2 Ship Loose- Vent Kit A L260-2 Ship Loose-Green SL2 Baffle F065-2 Rack-Battery H268-2 Extension-Oil Drain CP01-2 Common Parts Listing SPEC-A Product Revision - A A04BC539 Extension Kit, Fuel Tank Vents -1 Normal, 2 Emergency- 12Ft. A043U607 Sound Level 2 Enclosure, Green C Start &Test 1 15 C15 D6.1nstall Batteries (grp 31 down), Start & Test, 2 Hour Load Bank Test Grand Total: $22,1 16.00 Total Does Not Include Sales Tax CMI Notes. T&C. Exclusions-Outdoor This quote was based on verbal requests and this package may or may not fit the owner's application IBC Certificaton: The products in this quotation identified as meeting the requirements of the 2009 IBC have been certified by their respective manufactures via a combination of analytical testing and shaker table testing. Not all products have been shaker tested. OSHPD: OSHPD seismic requirements are continuing to evolve Please contact Cummins, Inc.for the most current requirements for meeting OSHPD applications.. Selective Coordination for NEC ARTICLE 700 AND 701 LOADS. Cummins generators are equipped with the manufacturer's Page 2 of 8 March 08 QUOTATION NO: 25887 I recommended circuit breaker, Information regarding this device can be supplied upon request This quotation is notvalid d any changes to this circuit breaker(s) is required to coordinate with other devices in the electrical distribution system Ifchanges are required,the customer must provide acopy of the coordination study listing the manufacturers part number ofthe dixeonnecl device to be supplied with the g rneratoi and a revised quotation will be issued LEAD TIME: Submittals: Typical submittal lead time is 2 weeks receipt of purchase order Equipment: Currentfactory lead-time Is9weeks after release for production. CMI STANDARD EXCLUSIONS: Exhaust System: Piping beyond Cuniminsstandafd exhaust outleton enclosure Fuel System; All fuel piping and materials not limited to: supply, return, sooting, valves,coolers, filters, pumps,fittings, primary fuel regulator, storage tank &senders, external to genset package.All fuel for resting and Initial fill. Fuel tank vent extensions and flame arrestors unless specifically listed in the Bill of Materials Electrical: Alf off-engine_wiring,field terminations ofeoring,and lugsotherthan those detailed in our submittal. Mounting: Mounting bolts and anchors. Vibration Isolators (if included) may be shipped loose for installation at the foliate by others. Seismic engineering calculations, Testing: Electrical,not limited to NEIA,infrared scanning, harmonic content or other independent agency testing of switchgear, switchboards, }protective relays,uicult breal<er, electrical coordination studies, and arc flash studies- Reactive load site testing, Environmental, EPA,local airquallty district or otherAHd, acoustical, Programming, all protective relay settings, breaker sedings,PLC programming or other user configurable device programming Documentation : Electronic submlttals and O&M manuals will be provided, Printed copies are available upon request, additional charges may apply Site specific labeling Taxes and Pormits: Any applicable sales tax, permits,fees, licenses Bonds: Any bid bond, payrnentor performance hond or other type of bond.Cost for any required bond will be reimbursed to CMI bythe buyer All items listed above are excluded and will only be supplied by Cummins, Inc If agreed upon,in writing, by a sales representative for Cummins, Inc. CMI STANDARD TERMS AND CONDITIONS Page 3 of 8 NMI MMA qym� QUOTATION NO:258137 TERMS AND CONDITIONS FOR SALE OF POWER GENERATION EOUIPMENTOR ENGINES Tri Trr[m In r,:-dinOne torl'th1'4N I r I, 111 C iIaote., $,l ,(I i d f i I I A I I(I i,i I I,ram I IIP/'I I, I,It)I I t)I I IIII f I r i i i I ed(" o I L I i i It Ill It I(,i iiiI r u<I r i i Its o /eqn,(!iYOerN rid ,)III r,nr[liun.fh'="'I'le, hel""a, th'[ nusI') i ( (,lj'Aofrnio dirloill"d it irl,fiellni nwill and Collation, and al)ra"IldO any flO%ilaln'aQIO=i Ili Ili or alt"i[Y"Chil ON W WFAMI JAW thepadWn lailnIrnmn W Thu rqll"binant ( hqugmen1' idvnbliad in Oil!,AfT-oanent QUOTEE �Ell S(I iss&me In ✓00 Or W up The We.,A.pi.Y&d.m.y r,yaroond Nid lemmil wom Go son Me, am MV dafm v,MR W.6A spot "AskHm tr'u 0001 My top mn ..Iim eacWWM thww A ales Old " "Talowis m md ho nualn I.sm HY SMer, nail will mM iln Ruwwd su advAmIm! Ini yndmIan uNk wNtim Tym, not pmwo I, ywwThe (blllfit efinlill dfirlI am WWAAMO MA non M&51%H"W MOM NwOn wMI,xv J all apply Addifi(inlil it flutil"t,IN,fo art n I,rratitrc sterns HI Amww"ImA OHmNWIMN oft unit pluminrn ffl riding yl y"J"m cW"mKM&Wnwtad ol Al staled SIARRitil Ilkl.nalf)r. Lrripnni in, all I OR onryl Pr. M pM .Id W hl d,nNw., a KnO, e),lvil,1 O,red A OoOoln'll*" at sag, ')", Oto dMmnwd OQ.mmr ill, % ul,nd ( Ochlip)y Or 1110 �(Jirlqrnlonl I, d0le"ll lk'full('d 0lflinllIlI,,,) hoin(Ili i S and irn i riti,ill Ot I ol,ifirrint Illnl ilmr, sets lr( are thn in;1lorwilhifily al ( ualOmef 10] l(A linkilkil Ill r1o)lvil wllln rintorr Jfll'd All sl(lanlew, are rinefin within lal[IjI au"111(lbl, IK�ljnr Mordio, Phrinell l Ary dolin-1 0,orry, wMMWn ol"MAW"moc ?&, n0whed r Ifs ,N.."m ." "ll and not I orinle,(I I lether, in'd I v("lo 11111c, Ill ',I I r1ke,1 10 I'll I It''I TnO I or I ii I time II nldnr any WW be in ON ni Moat "virm"HN A am mh ham Win my ain I I li I rrodtn,Iuii Curimminn, Tiell Iii, bist lJif)[b On, )l 0 31,1111''dud dh"Ikf:' NR l not be 11 IhL for any 16,N), 11, dfillwlint 'Alffb[oll inrIOlkiken of )efttayi rno llfiyvilvil Ofre"b'(iland Cunt nrr lll v dell ra ill fin"billnivfirr Million olhoonte rinn,41 xl II ..,aging ill t'lliod 1Io[))lll, da(oanent" ind rNrnner. b)l)le aid Imminn reann Ilj,l","Inn PAYll TERMS, CREDIT; SIFTAINAGS. ly Giotania klU aielljw'd indi! "'i,net........I'lli [a Ceir......I. )nv"ieI)l t"ell", an' net Ninny (30)'my" Tell, ho dn'tri of Invm It )(I"Or,ifi leicitioll ill IN, Quit, It ritityn'llp in lill ill (ilvorl %l itio in i),ilibi,li to any r(�)hb, Cumn,n. hi,, nindl,r tl)i:i I ry and I hwrgs o"t Grillo, may kiv, oq'iln'k I locinn, undo'i itnflrlr: ("ll'"It] o"O"Intir' L" nO U"K & (VHo AMA) Collar! two Twyu (Alnhin I)otwn )l'r;v[lI nn'O) alinli,madly i)t IN, in'lernuill 'iftnitifit .Jfl'wed by I i", (in kiN, ply in"I'll, POY........I -lull l" (hio a ;nlk Oni,r, it (,�lv f r a rr roolt rin rliae )j'[afn(rd 4 'Alt lillialloAg(i R Oa lrr'OI)(,iI5I(' 1101 1 no.. .,tl onrlh an"now M we" bJ Mmm "M W mmireal TAXES;EXEMPTIONS mle" Swen."1W.1 IN,0mv >Arjn A IuI,l ,t Uri and(id(-l"I ol"re lod/tli (Alr43 beri-, ),,loot;end in,nosing Im"tollin'l, rikirl 1)[tvid" -1 iou "Wre-`-q&-1061 W-Wihiln�m A W.,,,will Pl WRic iilnye TIY L.F, RISK OF Li.XiS, 11. yNf rwk N li,No M, f TI..m amal ~I, qmpmvl litIll rl(,IivrirV it wxbrfiure win Till, del nanit, ,ot ftl[fli n1turs, WSKITHON AND ACCFPTANCh. rastorio-, uW my rt H. trygmnow N.. symy before ii,owl W",,, ."M a, and all cInfill, Milth (nillei levi, i"en mv"e'o'�(r IT "ll I, In ir),All be dk'('lrv'd minollinAy and ine'randynii,ji1v iv,joelid ulnl(� " noted be Gir rolnlnel Oil the Al ,q Mom vohr , nwmomv Is ill as be non wummy a TOM ban Mm011 llfihu, (if Ideld lillit b,t1l,O"ll lu 1 Ifilifinifil, volhin InuMoan (14 (role from dlrl(- it delivery after Olin It lirr'� 4:'joljr'1'nl't "I"ill he d'i'iniect ill rlotird (,111nirlill an 01 lo'l, 'i (0irIff1l"o noly fl-lllrullrlhla x)"rind of hflnl; ul oll,J) ol "Orf,aj �,tldl foli l,foiffoiiiiiii, or Rneo It la) rilitinollity or d-r:0 ' lust "Inillinit(rd to "Iti'llmi'llon rat Iln.,r may .J(iot lilt, I liqlInv[It (1114"hits mitre't kilmo"Wd until AMOd to On"-Q y Able Gamay., mother uN.h.ly h, unlooll, cbhmtwu whan Intlw "oil wrow ) it Ih, rMorinnad I,, c0.¢led in Ill, la"ll"", "ill b"oHl"'Owl to hill' 'a lloelj III 'NIIHO I WN: SECURTA AGREEMPoir T, "Y -rb P,Y..W UsOmn grant Claimm I P=hn I r' kqr"Nlit If env pol W to bA., i&a I h,,,j fibre rig dess-Ir nrom Or, exel,nk and low, no =mQ ny,onaml A.,IN, royal la Q" of "M 0 ",A, d,,,,N, Gun Ill line in I',)V I 11(I 1 0 1 from wto ii Itino ill o)7yf e In )r(r r I I f I O I I it I I T I I re ki I A it 1 r I ::rid it i,l I I I I,I I[I (I I I I;ic I r r[I I I I v I It"l est Ili I I 1r I(I I I I'o I I Ir it Or In the illtl inihn ( u,o nlcr Oil klol,." a lb,darn"f MA.Y a nuum Nr No, all N" rlir I'll roll ollin, doi,urtan" needyid to l".1i"O Iho, "QUnIll Irdunint ('11ilthIll, Nly rer.Ord IhI, Ague I o 11 rl I[ ri''Ning (,kA"t 0 1 TOO r r, ,ig I)r I Ij I h Or copy ill L I I s' P't I I,o I r-it In lieu Or in II((tl I I,I el r I ,I Chet It :hall 11 not (or i lI his en i to I Y) w I Or by I.nnrnli I,,Or t I l pl o,I i I I I I v ,I In)I I i)Fit n hinny 0 lilt, ji (' non t 11 It L)l,fall)o� to ItIr this fil)[I,no j II(;(. Ill ANY e'lV efl,,0 zilinel ol 111VOInoki elov Irrin triarIO)n eflnilbell,ill or luilbility ,...hin,Ill Fpleann II irlillb, n[' (rni sh'1 III ii ,rl)l:l`oAtod it 1,llrtoirni ind CijiOnnijln,, ,liter lilt, W" agalmod f I lh, 1-TwMem P., N,RM mp.n v in sw No.-wis F"Prad'a" "M a Wo "v"ln,m ki,Aw"wrOd it this NWOR.M eew .".WMA WAY'Rh q at Is.1 1, t re in and....I br,(I lirlifilln, '11 rill lli'lololrllhla hrinl,i: Page lloi`8 111 13 2018 OUOIA7I0N NO 2`1887 CANC12HATI(IN CHAIMfS It ( ul,VoInn, cunoels AP ol, a portion of fill, A<Iree nl lycl , tale au Ip r;kIlifininn Gli'lifflnir rnly incur a lillu'll)Uoil Orinjo TRAININ, , Ttkkl APSIMMUS, IlN,,fTiAIATK)N Sl rdnp .nh^en lord Lank traluit ni o�amerh rainy are nil Irnmtled, unl .nfhr rv,iss:t [ed Fite sl"W"j, ,,,It hir wbI...a 11, fill .,wind ll,ninrf unroind orb will Un pniloill"id illi I inniiiin,, hunlnP,;,, linul'A IUrnnda,i, to r fijay Addifiln-al rinoto— "Iny on add,At far work wqur,I,A to he don')0 oulaidn, c;lmnd rot htoClnot,,, licailis on Winir?fCIC or holidinVii ()I)e visit Alln is e I I (A I I I C',',in P f If I I I n f I Of 11 n 1 A I n(t in MP Urilitil A intrionrom iil door vocelr pilot n..tiae is rtaqijirvdl lo echi flufn ano yinnull and will or, lubled h, Print rol III lifim"i if! fifi(I ocinlinnnoll aid naw(A ni,ailfailini, A "Ifintid Clio chn("l, ;It((,t Colifiriolliq (naljfne,io oill dt, raininioll rid f,tuinninis ptii ono-I nut pirtoinn on inloafinitil 'inififin prior lc IIl Akorill fidt I If comp)) to,I i w v I o C i i e o in i,I I t I I I t,it I),, I h I, I I I�,;I a I I i I I o f I k I k A C I t t l,hell I I I- i o I I noted of Ito "Cip""o- 'Col to Ito "Inin Inn being or cnii Oly'd Parpollo 0.vri hand,for Olin r',d (it olf,itcl 11) Ill, JUM(o) ile (ituipp"d,nth only 100 filiJ is ralbki Aildihoinni length r be lirauqod ll an o,drii root. WARRANTY. New aquipmrolt rjuri,hoeCd hereunder I,, scrompnnicod [i)art fropieno wrinnoot nialilifinclurort.warranty and is the only vanwin offered on the ECILlipirldrik A ci of the a,,Ois moinufacannei i; WOrFarly in availChIc, (,irnnim.l obligntiun, under this warranty ri'll, looltind to lopt'llf or replacement, of C,UrrlrfIllfn option, of any JOherlive,cconfroncont Installing n1C. (oli,11110 for any offito purpose than fai its intended appli,,iti.... ..n tho dal. plate. may boa s violation of federal law:curl to orill penally VVAIRRAil ry PROCEDURE. Prior liC the'Xinlation if file, ninhoitioa voorninny, Cumomer ndAfJ gIVd it'AlGe of a rrolrald8bln byIU(C 10CLAroolinin and deliver the dcatchve Equipir-ron no a Curnolinin, locatialt i ollhof location authr,rverl and Jr,.sitjnoied by Crinollio it rinallo, the repairs during regrow business hoursIn oc. iovorat shall Curiontrino be liable fro tailuno, iiciflling firctini min cper rep<,lIr in rfllals hy LISr-'of ports not nr prived ty,C.untinino Cooloinitir or operator dOloS1 or LICh as anololoin onihoW odri -,lf1.,I,M fool ur It,or i n Is, u v er so n, lack Of nor I I it on a f I no of I I It 11 ants,fuels,cooling Or Intake o,t Is improper C I Of roe,slartIIto wain-up, ri In r i I I on or show v dawn practice Cu j if i[I)I it s f ha II nisi be liable for OVII on sh aogee, maintenance;terns ouch Is oil flip,-C, belts,hos.1; etc. ......I.Inrl meals.lodging,an 0 in nideo I a,I tO<Itfo I'o,'y incurred an Coodonor ,,f,opI,.,nnf Of Customer, do,viinrne erg,oCo,, avon,rril roqOn.C.0 un,,,damag , and;,1[ 1 and l o,sno Or evenne lesLllfiop flarli a sintonnnonto fallold, .......... ....... 1.1101 TAf IONS ON WARRANTIES GIAMPlins expreloa.ly disoljims all walrollial,. rotA,,,r ea rose or Inlo,fici ro.,Irding any implied warranty Of merchantability and warranty for fitrinss or ar )iAdrC[JJ2r oirpos", to into a"t.111 Po,lnlfted by law sotwenties net findli d.I.III DFO the SOIC rl Anrantirio made by Ounnitinns Soma stfisev do not alfrovo limitation on vvdriarrfi so the linlanol,ios troy not apply to voin Th,, limited woumotff df)CS not cover Eoulfamdrit failures resulting from. (a) loaffibripri,ito use rcloliv.,, in, di-liodraded power rating; (0 inappropriate use relative to appitonfion linaelmda, (C)lraqpp ro pi late use of an EICA SE applicallonj gatierafor .ol relative to I PA',, sta,ndradin (d) im,nid wear and fear (s.) Improper Croton unauthorized limtalkin.n d) dopllqerfl-� accidents or insCLItsi, (g) ack of maintenance or unauthorized repair, (h) noncompliance With any CLAITIol[H.", Flublilhed ga,delkne ur dolkoy, (1)use of Improper ,, orinornrnatl-.r9 lusts, coolants or libroono 0) nopnoloar storage before and after cclinnnostoning; (k)owner's belay In makinn Erfilpmend iivoil3oro after notification of potential E(Itiril problem', (1) Cap I acorn ent [nins and a CC,son I eo not au ilia I Cod by G[A dri it ka (ro) ri;C Old bAdAlco allorl: ni (rt) onvoor or operator nbuye, or i such as oftelrodon without adequate coolant for lubricants, over fueling'. over spaedint, luck of rnairifl,,nnonoa on, inir[oating coaling or Of Intake sOitei late snovicilit) and rnalrinoEJnnO linproper storortc- sofriiiiq, warm-up, run-in or Chintaosmit pinolinel, or for polgre,,,ay. dain.op,, resulting from a dnfoofin,i 5hntdawn or warm d,,Cv,lo, or (.) dam a, Jo to Palo, flnlllfn,, Itnuoillyn attachments and ar-scary Items that are F"Apold'of lot, qO11131.1inq set INDEMNITY Clofidilor shall indemnify and hold hirort oornninns it Cfrlllatps col"na,lo, - offlcei[•,dirt,his agolito art eloplaveOn for Ic)C,.,s I.nCi Pago 6 of 8 Ma-ch 13, 2018 QUOTATION NO: 25887 i lia[ilitiea.d un gc and cap n.,;. im-Judl J ur.i.oi Able ,itrxney and o xp of Ices rah tug 10 iha rqugnl and bare I by Dust"nc r'rdomer'c indemnity "bligetrOeS I,11,111 ,UrvWa he expiation of t minalir,ln of Ill Agreement Lur'miarsh if t r,-seni Ste rinml^ r vviel 6A this indamn81�2di0n ter of In�ndnnb c'uUer undo.,,Limirolns diI IS total the d,R,nw wilt be c llifrfill,Atrol by Cot rill ni legal- ur eel LIMITATIONS ON REMEDIES THE MAXIMUM LIABILITY, IF ANY, O E CUMMINS FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, AGREEMENT DAMAGES AND DAMAGES FOR PROPERTY,WHETHER ARISING FROM CUMMINS' BREACH OF AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE,STRICT LIABILITY,OR OTHER TORT, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE OF THE EQUIPMENT PAID BY CUSTOMER UNDER THIS AGREEMENT WHICH SHALL BE THE SOLE REMEDY UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS 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 CUMMINS GROSS NEGLIGENCE OR WILFUL MISCONDUCT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER'S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED UNDER THIS ENTIRE AGREEMENT, FORCE MAJELIRE, Cmmirmo Ia not real on l for the, .cc re.Uce of my unfore C<n evsnt c111 Iun,tanoe, of couddion bayou t lt iS,reonable conb'ol mdulfirIg, rut nol lirnife.d ho ar,h of God ,retloAc by any gOtarnn Sii1 eiithuftty, civil strilo, fueS, filroildr veirtdstUlm. (y I)1ISr1s rto 11,11U101 dl„ayrll;, enhai)os, waI sdikeW m other ISh"r di tlifi a, dull COlnrnofor, kmousm sabot.,t late d 6v+•rY by CIIII111HIfl., Ipplie , fU01 or offal rudely) .hJ1tlye5, a an inability to >Itedn necc U,,V,y, lobe, rill, aupplw c�yulpment Vr tlanLlfantll irg t,tclllti"S If zny sur:h rm,., results ill JclaVCd p Sitorrnance IS, date of I: rfcnnr vice 111oll II tended for Cl poll"')Sall I tJ tune lent Vid luau be C,o terrc ., oyc[Io Sry I'omedy DEFAl All REMEDIES, Cu ton ei Shall b m hI each m I dclaud if (S) my of Or, p.Ay menu: or anyUms due t nob t this Airieemc nt are not paid (b) C r.,mmer fall. W rmnpdy, pe.rtonn a mah )ny Irir Sketrontation relating lo, any of lh, Cl,otomar n VIT101 o u'. o wv uania unJui tin, Agrees out, or yy priorte full p rynenl of the hole o ure, ( usNnle-1 coast it do be°'Inl t r,.r nS, iii' Ivuril, make III,.r .i(nmei t It, HICI b(2nalV of I(;rladltal, .*ppointn a rocgtvef ceirri an action tol dissolution or Iigl,u tl r, or henvinc a hjart [" tin lcntpicy pre . dugs, or II r 4.gaip,,,cO I rttachad, le pied upcm, rn.ed unce,i IoVal pr aS .thJUClo d to a Ilea or encUli'Ill mco, Or h III1ILIISd by Opal ahon Or lawoi olh,Iwil,e, tr ,m/ma other'than Cummins Upon the oottnlrz..ot of any .,vcn[ of Cu tor;-- deoi0t ( mnnins, at I, toll, option and without netir i.r.shall ram; the hpht is r rt r ," conwrrenlly or µlei ately any one"I all OI the fotlowiny7 leltIodIL'S 111 1,11,01 be IIIIIIIIIIIh,11S end iI il Verna[v, . M) to Je dare all urns iue. e ld to fIqsome dae. under Ihi,I Agraein int im nndhdedy lua and payal lu (b) to r. im ncA legal p or c.edlny{s, mrhiding coller^ti n otions an I by o Ill, pSI0(rl rce prucl udinpa, to r"we pi...S he th. I,u.t,omer of any and all pit neions of thir r giooment.and tit he awt coot damages or injunctive m iiaf for tea CU tonl,,r hwol G. (u)to Icyuire the Cu t trier to delivor ih, I qupm rut to Cwnmil , bil-ndr aper,hcd (ill the tat;of U)s Af)reern tI (d)Lo er Iv(;nna or r irn of the uquts end rI I.....tic. s,L Vahl�, to r, veeumd party under the Undorm Goinmell lot Cod, 11 ihar cr 1111 IIIIS Ad-non oit r tl>jEct a _to', and p9 I, order without rinill o er dubiety OI Itipol p r�, nnl" .ray prep n r< where floc I rpnyment m ry I" I m&led, omr,I for(, pomiiited by law ond there I" b.nonnert remove and ,Ir r,.c;;,, the t(Impmrent. trt, (, eon Lr eavntq waivrm fwthar right to flu.,x, tail LVro, rir fault A waiu,I Of Illy Brent If Cletauli by (,Ummirvn .Iwll not pe a ISSIVI.If as io<Iny othr.r or I,i.Ih •µlent delault C,U;T(71VIdiPY f EI"RCSENT'AH(19l RELIANCE r,;ustomr _ reaponsiblro far iblaining I IN wet, pal mils, import ilCII ), Arid ath rn^.=nos in Ielotion to too L'gi,rlpm6ut. and if roGui I ted by CUmrnln, f,u�lomer ,I ill i Il" r p m:ter, Kcal Lerr and ronso.nt, av ailarda to (;omen:... prior to shipment u>IOmer "I sen[S [hri I o familial with the Equlpin.vnt and urdr stands opoiatine Instrudien, and agrwe; le peerforPn nUbn•rnainten tune 'iviees Until Poe r Immo Is paid in fall Cust rent I Shall care III, the L(Impm er f pi Opeirly, mru Rain it in J wd y crating .:ndl[IOn repel a rd appear II a Slid CUslomer Shall c.e R sateIV ant mithinita r tod capacity and OrtIV III I ff III)se it Se,, dc.lg nod Evrn If r'usPo'mI Iel civee Leef ilia al lnforma'Ir , drawings or advise, ('ll*Iomel 'm' S11110 r>apunslbility for Intel dolt u^s_ for ri,cilharen and rjS do and penloimance wh^Ic It Is part ri a power, pr opASIon or olINvi yatam I witatton of wan urtiWa and r il dies and all dl*clwnars rppdyto all such fochnical tilt nln Aho t, dravvmg Io it"Iire 011 tSSISI 1uIIIt4eS1hIdqS, and ogwl,s by r epllnp debvcry of the rqr q.a.;n[that th. L'rluipment pu<li la of lh< design r,pacify rand nranutac[ure ^r -rted by the o S mr ar, and that tine Page y 0h 13 I to 13 20 I it QUOTATION NO: 25887 ha,lomer ndb,d kal"OV on Hit,ok,al ju,qobinvi In iplinnfinen the L HH[al CONFIDIP.NTIMI-MTV. I nda peb, 24 k,p WHINWIMN atq in" olio) lo.yad Am Me muni MW n Md .."n, R.M P". V", and q Mo tying al dinclaniric, nvolaid aNincon.atly Hi jindoinund all 111c, terrmutt )arty Ir Hit planiol'a, in NoNAMIA nyKA!, dil,clollyd in oral. oi"N,il visusl, alonatib..... or ola,ma arl and a,n...J, tho a r?I,ar,I Hot, I... rlyortr,) Ir,Hn, In conno,bon Guth Ilkil, A(li-kitainatil iat noin, art IWO luroad W. IQ N"ww ANY, Awylo, n' PR am Va"M (Whinsim" Who mown Mom and No comminh 4a Mown rnw mouS am mom iQ any"no my wwwr infinuanation (lT)knI,(ja6cabHHt^ Nm )"K own and ..M.Hn of Har Arirt,,t unlit Fla II I .hall ablo I ibca,l"my NII)n If civolilu roltainkni Valli Into ploo,'lon by In allqplovcol�' and nlqaills GOWANMG LAW. This Aq,.Hucr rMll I.armid Iq .4 cHNNualm "No.1 .11, the Law, of fl"c r'n"ba of 11,111i'lail vita orl itiviii, nakI I to any t N., or CAN" to W. onm a.. the low, xia- uk" II ."K M Iit Kim, of 94 w shall hark o,01w p;r"bduNn to kho my dispilin, achk clinting at rot nni toil mill, IN I Agar ooil 0 INSURANCE Nonn GHinto. i tt'illoat C nillikilili vaill polifid[I b,C'unallial a GollificnI'l oth,iiiroon,i vHI(I Cukk a o1r,likIntir, if,kii(kI nn,vniaiije A.SSIGNIJOEll Thir, A,ponmay t shall hen lifindinib arr Me "Imn am Km NW al MM mowl GH 1 finer Slow an imigni". Agwritun mbod the tutor milottilkin i,nn,aria or Gurriniiii; tialth.doad PaNtiodly, Any in"Knorl "Mra" No, camw by G.... In the marl" 5 He xibarr"Irms at in, "J.mWw 'NH Ca"Hin& IN Ana" Nothing in M.r,mrl I"N'f; chall 1)"(I,111 onj n I, I'lafo <4 lo,I (,unto)Into),ta .11,i,once 11,o a Y I'll",, right I I it I in, a i Ir any r it I 114, I I I Pr I I C(Ni al IN op,,I by intina of Cirilicifin i3till t il,lhls In an to Ph? Gun inun ar0oll'inIll H I we MAC to two ;ON ae Mw- 4 nad "M H; hoi nrowimil All lot AW tin,vaN pardioni to Ua Mmnv a HK A,molit a,, .inucal oononximl by Cmanuni AnISGELLANE01J.5 (aininctin INA ka a 1 Hirroplini,,at f oilrarlrin andal Iht rat cold ,4I1 Min-Ir ardor this ygracruyot roll Ho in lk,iinily kind ", nal"'n"I'd Inal'all"ally, inailcIA or Iiaitdmk,a (,l alp hirl,it yktinaared lit fal, (ill sent by otilfookIlly o'"I"'I"'d "'no'n "oulia, , .cn In the ;)ddrt',,ca ad lainch In thin Aga xsmeni No anol"sR of this,rynn=meim .,Ann,valid Mown, a a nick Am nwe 4 on pa"M hn"W If aw not r,16yo otly to (olquHnn rigTmoaoknu" )y the other party A am ymman himand A A WHO Mot all la not to ,(ON ruch pmAnnawk at any Mr, IIhastvtl t liar A AM, wwr, by " "y at a hrnaanln of any la the Niaof conbtu1,. A vokinvill cry ally 'o( 'kaditHt hill A" p.mm M Phis"a o.0 that i "Wo r), jj,ebtc,ca,,NIH� shell, ...it to b Ihr,v flofit or anion t�lItHly of No, toiiiatinno yonim, ii,nt(it Nic,iia litr a, cl,,yj,,IviI SW nia"aarl, "hP manwanol Curlimmir that It, pass olous opody ne"hatod and hagamm or and C u,tomel hali IqIo(oJ to Pura none 01 Ihr Injilitlin,"Int all...I to the tarns and in Ittlyan) Acalopyboii, of thin, ni Hi nXIlikinky 'Indilinijol on C...t"I", it nilan't to all laid, i'lon, ling nondialins Int"'Ho" "Hy horn "ll'aj on any repot.Nola ago"IN ant, wokwaWN; " lannaw n000 bt theatho, ,o✓ak,,r,j to c,,pRasIV i auf li Hall, Aqieeritocnt In min ir"in't 'f a ronfllcl 111 1110 Ir nor. at Ina fn lipik"HWIP WM No, Arown porn; orwomankon "I aara....lant trlr leao oj,n^cj III an aidt I loblynbiIed bb GivIta"'Il tis it)" leans I W"In 4, Al A Ow www"s on mlorni M my Inns set Wall in voy sundionAl C a,mmer Von 00.0 no on I miIiiiii,int IN,koribo at this cgiol,jillni .rail I RNSCV'_L I ANEOUS CHARM Out ... haill"velliah Will Ilk,pal"alti on fiotho I'loar ool Lae qpplina'INe COMPLIANGI... t1l"I'"'I",lclkno"Ilodt'ljk' that i"n 0""Mw and any to PQ.Qv MA are salt...on',ya— pHylid,d heaknindink may ),,,Ii)IN,.t il, .o,q and am too cant alland., mic MY ""o, I. ",ipot arm, Inn"alwouh, amdl,ortk oft snda I q.kbmem A wnN*oY to "alivi, Countinain or pr all les, inoludutg Fiat licit ItrHiluakJ In hr oo:rlocl (o)(JIlollivint" I'llodro civa, =nd Iagul iiioria of Ih. (H)INIon Slab , th" Iii"'ad ka""d""' call (Allof Nill,dinficalk, It In thr Hl,krht)ik (it I...)I'll, H, in.....['Ili ,,III, th>" Invvu, alo!, A,I regalbInns Any "flot plaviniiiii (it thin Apiloorcono to the "al Co Inter MYTHon"Y WK di-ach qWn-liall, A laws amoq to ann ea nn'r)a ode[ Hkano,okill I tin"'k,"I nodbioloily or,, Al oliklad ind(no In o4ol r hHart olo, a time and aynnivalic)t Ino'tojnlila? Shall tol e the impoht r of r(,,rc)i,l will) yc,ro,IN ta Ihrl F rillpinil"no i sInfll I...t la,txll,ex"'Irt lo"ypalt tar,01INI'llo fidivkloi or aHavisno cl the c quipina or a iel int odI....)logy, fit"allY al III JIV abhollit titol oia,anong,jil ciaoincratit, Page 7 of 8 March 13, 2018 QUOTATION NO: 25887 I written Pr nnlh consenle and authnrfzah rva and o I n p Iuting such k rc vl it ie. as my be req uimd uncle! such laws roles and legato[ionz In addition, Cumming I In place P.ILies not to dubih Re its pmAocl, fur usa In ,c rein counln x beaed on at Pli aria laws Iind regul860na iockidiny but not lin'iited to U td, US, ill' and.Ewoptan Union leg uletI n ns Cuetr I I r,r uodogokI e to perform it.,obl iijctions undo in 4g1ae III,nt mIV j I I e cylar[I to t he are on,Iutr.c Sind comfli..mce with title p.ov..,ion and all taros It the le itoei perfalni ig to the imporlalwu dictrib itlr.n Ialeri, promotion and Indhwthng el the I_yuiII is .a nilebal c u:irleration lur ilunmina entering into lis.ago r.metl with Customer and continuing this Agreement for its term l,u,tgmel iopwir,Ijite and wonanL that It has rlol rand shall not, directly or Ihmugh any htennedimy, pay,qivP� Promise to give or offal to give anything of value to x ;rovemrnent f official or i .pre.entalive, a political party official a candid ate for polillciil Orkin an ufti;ai r employee ota pottie iolemalional enrrol,Afion 0i any other Person, Individival or mitt at rho_ ru% stlon, request of direction or k r the benefit of any of the Ar.,ve do,o be f pe inong and r riblias for the purp),,er of Ind,ing uch I'terrnn to ns,, hn'influen a to ac al Cunii ii s in onteiing or retaining Ut n ens or to brnefil Curt nits or any IAIIUI person in sot way, rand will not otter rw c hruach einy applicable laws iedotin',q t i arid-bnbey No, failure by r u.tu one b comply with then• PloNalenS will <rnrarilme a rifirfaIA giving Utrifi ins no light b inmtnflale knninohun rf Ihis Agrmmliont andAf the right ka .teed nol to ieougnize the wiiiinnhoo aevociated wllh fire Equipment Cugtomer "h ell a.cept lull rnaponsibilily toi any and all r ivil or eriminzl iohiljnps ani,t w.,t�arising Irt .soy bread ._ oP those lows and leg nh..ns end will defend, indemnify and hold Cummins harmless from and against amp and ail fine renalfie2, elruu damage. Iuiblliflea judgmoinho crusts,, fcue and expenses Insarre'd Uy Cummins or aHil tte ae a result of f uedomai , bread Thank you for this opportunity to Quote Cummins Power Generation Products, Please call if we may answer any questions or be of further service,. Submitted by Cummins Inc... Mike Radford Inside Sales Direct Cell 206-276-7680 Email: Michael Radford@cummins.com Accepted by: Print Name: Firm Name: Customer P.O.: Date: Delivery Date Requested by Purchaser Note: If no delivery date is provided, Cummins Inc.will hold placing material orders until such date is provided. It Is the responsibility of Purchaser to supply a request date that is within factory lead times.. Page N of 8 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insuirance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial GeneraV Liability insurance shall be written with limits no less than $2,000,006 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident, I EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. 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. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDAYYYY) 6f18Y2018 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(ies) 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 Aon Risk Services Central Inc. CONTACTNAME; A I King Insurance Agency, Inc 200 E Randolph St., Suite 0900 Pars E ka11r 317 Bat 6004 FAX Nu1:. 317 ea -sons Chicago, IL 60601 E MAIL AggRESS., ... nchard@aikinginsurance.corn .. . .... INSURERISI AFFORDING COVERAGE NAICN INSURER A: Old Republic insurance Cori I 24147 INSURED CUM INSURERe AlllanZ Global Risks US Insurance Co 35300 Cummins Inc 500 Jackson Street INSURERC Ace American Insurance ComDanv 22667 Mail Code 60805 INSURER°. Columbus IN 47201-6258 INSURERE; INSURER F COVERAGES CERTIFICATE NUMBER: 42587200 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, INSRI -.... .AOVLI9UBR Pd'bdCV r_rr POtIdY LTR TYPE OFINSURANCE POLICY NUMaER MMIdOIYYYY MMIDDIYYYY LIMITS A COMMERCIALGENERALLIABILITY Iv IMWZY 302202-17 12/1/2017 I12/l/2018 EACH OCCURRENCE '$1 D00,000... S DAMAGE 1O AENYO CLAIMS MADE ✓I OCCUR ! I PRFMIyFG(L gore) $1,000 000 _ MED EXP(Any one person) $10 000 ',. PERSONAL&ADV INJURY $1000,000 CEN L AGGREGA HE LIMI r APPLIES PER GENERAL AGGREGATE � $2000000 ✓ POLICY _ .uJVREc(TE TOO � ',.. I PRooucrs-coMPrDP AGc $2000000 A AUTOMOBILE LIABILITY MWTB311319 - 121112017 12/1/2018 MUINEUlSINULL LIMla $2000000 ✓ 1 ,7 URY(Per person) S OWNED iSCHEDULED AUTOS ONLY AUTOS '- BODILY INJURY(Per aoc deny 15 - _ ( HIRED ON pROWG RIIM dnMArr AUTOS ' ✓ AUTOS ONLY ✓AUTOS ONLYLLY (Wyyr $ AxRr ilj„ Phv Damage $Self Insured H UMBRELLA LIAB occurs 'ULA 2010425 12/l/2017 12/V2018 EACHOCCURRENCE $10 000 000 EXCESS LIAB ,_CLAIMS MADE AGGREGATE $10,000,000 PLO RFTFNTIONP J $ A WORKERS COMPENSATION IMWC 311318 00 1211/2017 12/1/2018 AND EMPLOYERS LIABILITY ✓ PT4TUTF 1 Di YfN ANVPROPRIETORIPARTNERIEXECUTIVE EL EACH ACCI DEN r ,$I 000000 OFFICERIMEMBER EXCLUDED? M NIA - '(Mandatory in NH) I E L DI EASE EA EMPLOYEE!$1 non DIED If yes describe under ! °"'"° DESCRIPTION OF OPERATIONS below I E L DISEASE POLICY LIMIr 1$1 000 000 C ,Property, FAZD38484461 811/2017 U1112016 Limit.$10,OOg000 Special Form including Earthquake&Flood (Leased/Rented Equipment FAZD38484461 81112017 8l1/2018 Limit:$25,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Kent is included as an Additional Insured on a primary basis when required by written contract and per policy terms and conditions. Thirty(30)days notice of cancellation applies. CERTIFICATE HOLDER CANCELLATION Clty of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE C t of entAve S THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Kent th 98S ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Richard Trakimas "'"'"� ..19'Z..1Fc✓ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 62567200 1 1//1B CL All UA WC 17/18 PROP (Custom-Merned Diet) I Elaine Roldan 1 6/18/2018 3.29.29 PH (COT) I Page 1 OE 7 i POLICY NUMBER'. MWZY 302202-17 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE ..__._.._.._...._......._................................................................................_. Name Of Additional Insured Person(s) Or Organ ization(s): All persons ur organi2ations as required by contract or agreement ......mmme..m_.............--- .._............................... 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 fDIICwing is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts Dr will pay on behalf of the additianal insured is the omissions or the acts or omissions of those acting amount❑f insurance: on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contract or agreement', or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the Declarations. insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is 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 26 113 (D Insurance Services Office, Inc„ 2012 Page 1 of 1 MWZY30220217 cummins lnc, 1 2/01/2 017-1210112018 IGI)0) 1Ir1 ,1 bl m,� bl1711,1 r1tJI iea 111,1,11PlSl I I III,i„ IsLI /LA/20 1 >' 29 PI n i, 1 V," lor , THIS FORM APPLIES IN STATES WHICH USE: CA 00 01 (10-13) THIS FORM IS NOT APPLICABLE IN: MA POLICY NUMBER. MtiNTB 311319 12/01/2017 - 12/01/2018 COMMERCIAL AUTO i CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following. AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Cummins Inc. Endorsement Effective Date: 1 2/01/20l" - 12/01/2018 SCHEDULE Name Of Person(s)Or Organizatiori All Persons or Organizations as Required by Contract or Agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations, Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 AB 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 MVdTB 311319 Cumrnins Inc, f2101120 17-12101120 1E Y zse9zo] 17/11 IL 11O o12 III pt fea 1—, 1 "111m T1111— 1 6116,2011 1',z1:19 IN PID99 I Pave 3 o1 THIS FORM APPLIES IN: VA POLICY NUMBER: MWTB 311319 12/01/2017 - 12/01/2019 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following, BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Farm. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 12W/2017 - 12/01/2018 Countersigned By: / Named Insured: Cummins Inc. ., �� J,1 . (Authorized Reoresentative) SCHEDULE Name of Person(s) or Organization(s): All Persons or OrganizaLions as Required by Contract or Agreement (If no entry appears above, information required to Complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provisinn conlained in Section II of the Coverage Form. CA 20 48 02 99 Copyright. Insurance Services Office, Inc., 1998 Page 1 of 1 MWTB 311319 Curnmm.lnc. 1210112017-12/01/2019 Y2G S120P Sv/le (3G Bu . NC 11/1a eHoe I1mLo Mezge11 rl9L) I EIl L'I0 Pl I n I �/IB/zot0 3.29:29 ew MT9 I Page 9 or J THIS FORM APPLIES IN: MA MWTB 311319 Cummins Inc. 12/01/2017- 12/01/2018 IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person(s), or Organization(s): All Persons or Organizations as Required By Contract or Agreement (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Each person or organization shown in the Schedule is an "insured" for COVERED AUTOS LIABILITY COVERAGE, but only to the extent that the person or organization qualifies as an "insured" under the Who Is An Insured provision contained in the Coverage Form. PCA 010 10 13 a`,8120' 1 /1� M, iJ1 cry we Z1/I 0 i"oi 01sl'ITI 11�1, l T)leu LI 1" Rol i11� I r/I'/snIi s 29 e" er (1,111 P,,,, or i MWZY 302202 17 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following! COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary. primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 02587200 1//10 GL AO UMO WC 17/19 PROP (CusL� �Fg ��17.1--Aol =n/LFi p 10.12919 1 JL/Vlf j D1JZ10fV0SO 0f 7 m THIS FORM APPLIES IN STATES WHICH USE: CA 00 01 1 r MW7B 311319 Cummins Inc. 12/01/2017.12/01/2018 IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSUREDIDESIGNATED INSURED AMENDMENT - PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Designated Persons)or organization(s): All persons or organizations where required by written contract. WHO IS AN INSURED (SECTION II)is amended to inoude the persons) or organizations)shown in the above Schedule, but only with respect to "accidents" arising out of work being performed for such person(s)or organization(s). As respects any persons) or organizations) shown in the above Schedule with whom you have agreed in a written contract to provide primary insurance on a non-contributory basis, this insurance will be primary to and non-contributing with any other insurance available to such persons)or organizations(s). PCA 048 1013 Page 1 of 1 1,1'or)00 i I 10 ac AU onin we ir/ [nw i .... i^ ,i ue.fle� „P xoi n, r w/zni I "„ 15 CI, "TIN I 1"', 1 oe I �w w d m x w a v x .. f I �m ar. oa w a aw w I@cm,a ,W li A i