HomeMy WebLinkAboutCummins, Inc./Utilities/$1,900,144/Backup Generator Procurement 2022Cummins, Inc.
Utilities - 2022
Contract Not To Exceed $1,900,144.00
[S:\joberlander\Contracts\Cummins-Utilities Backup Generator Agreement JAO 10.25.22 Clean.doc:10/25/2022 9:39 AM]
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AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES (“Agreement”) is hereby entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (“City”), and
Cummins, Inc., an entity duly authorized to do business in the State of Indiana (“Vendor”).
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement and agrees that its execution of
same constitutes its acceptance of all of the Agreement’s terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the “Goods and Services”) from Vendor using City
budget appropriation number funds. Vendor agrees to provide the Goods and Services and to otherwise
perform the requirements of this Agreement by applying at all times the generally recognized technical and
industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than One Million Nine Hundred Thousand One Hundred Forty Four Dollars
($1,900,144) (the “Estimate”). Vendor shall submit an invoice to City no more than once every thirty
(30) days detailing the Goods and Services provided to City within such time period. City shall pay
Vendor for such Goods and Services within thirty-five (35) days after the date of City’s receipt of
Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not
disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an
invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise
performed and satisfied all the terms and conditions of this Agr eement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
The Goods and Services covered by this Agreement will conform to those certain specifications, descriptions
and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by
City, all of which documents are incorporated herein by reference, and that the Goods and Services will be
delivered in a timely, good and workmanlike manner and free from defect s in workmanship. All deliverables
furnished hereunder are warranted in accordance with the applicable manufacturer’s standard warranty for
any Goods and Vendor’s standard warranty for the services to be rendered, commencing upon successful
start-up or commissioning, and any rights thereto shall pass on to City . All labor shall be guaranteed for
ninety (90) days beginning the final day of Services rendered. THE WRITEEN WARRANTIES CONTAINED
HEREIN SHALL BE THE SOLE AND EXLUSIVE WARRANTY(IES) RELATED TO ALL GOODS AND
SERVICES PROVIDED BY VENDOR AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND
WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE; AND ANY AND ALL IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE ARE HEREBY
EXPRESSLY EXCLUDED. REPAIR OR REPLACEMENT SHALL BE THE SOLE REMEDY FOR DEFE CTS
OR ERROS IN WORKMANSHIP AND/OR MATERIALS.
By Jon Oberlander at 9:50 am, Oct 27, 2022
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
Cummins, Inc.
Utilities - 2022
Contract Not To Exceed $1,900,144.00
[S:\joberlander\Contracts\Cummins-Utilities Backup Generator Agreement JAO 10.25.22 Clean.doc:10/25/2022 9:39 AM]
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5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective
Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the
essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Go ods and Services
provided hereunder, including the quantity, qualit y and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City’s pro perty. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) busi ness days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability t o Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is nece ssary for the protection of City and
Vendor from all claims for damages under any workers’ compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including , but not limited to, personal injury, sickness,
disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use result ing therefrom.
The coverage amounts shall be no less than thos e amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such i nsurance policies (except workers’
compensation insurance), shall promptly provide City, upon request, with copies of all such policies, and
shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City.
Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or
expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any
person or property to the extent caused by, arising from or in connection with Vendor’s provision of Goods
and Services pursuant to or under this Agreement or Vendor’s use of Cit y property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all third party claims and suits of whatever type, including, but not limited to, all court costs,
attorney fees, and other expenses, to the extent caused by any negligent act or omission of Vendor and/or of
any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this
Agreement. These indemnification obligations shall survive the termination of this Agreement.
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
Cummins, Inc.
Utilities - 2022
Contract Not To Exceed $1,900,144.00
[S:\joberlander\Contracts\Cummins-Utilities Backup Generator Agreement JAO 10.25.22 Clean.doc:10/25/2022 9:39 AM]
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10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, sta te and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor’s performance of its obliga tions under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rule s,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and Cit y prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. E-VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work
eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit
attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does
not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with
documentation indicating that it has enrolled and is participating in the E -Verify program. Should
Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully
comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any
subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if
no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or
those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E-
Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement sh all not
affect the right of such party to require such performa nce at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waive r of any succeeding breach of the
same or any other provision hereof.
14. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City’s prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in th is Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of Ci ty. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and g overned by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Ha milton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
Cummins, Inc.
Utilities - 2022
Contract Not To Exceed $1,900,144.00
[S:\joberlander\Contracts\Cummins-Utilities Backup Generator Agreement JAO 10.25.22 Clean.doc:10/25/2022 9:39 AM]
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17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted , but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: Carmel Utilities AND Jon Oberlander
30 W. Main St. Ste 220 Corporation Counsel
Carmel, Indiana 46032 Department of Law
Attn: John Duffy One Civic Square
Carmel, Indiana 46032
If to Vendor: Cummins, Inc.
111 Monument Circle Suite 600
Indianapolis, IN 46202
Attn: Omar Khairy
Notwithstanding the above, notice of termination under paragraph 1 9 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreemen t, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods an d
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of t ermination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termi nation,
unless the parties have previously agreed in writing to a greater amount.
19.3 The City may cancel its order and terminate this Agreement with no penalties for up to ten (10) days
after the order has been assigned a production completion date.
19.4 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
Cummins, Inc.
Utilities - 2022
Contract Not To Exceed $1,900,144.00
[S:\joberlander\Contracts\Cummins-Utilities Backup Generator Agreement JAO 10.25.22 Clean.doc:10/25/2022 9:39 AM]
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20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represe nt.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient mo nies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A copy of the City’s authorization documents for the purchase of additional goods and s ervices shall
be numbered and attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2024 and shall,
on the first day of each January thereafter, aut omatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, succ essors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, t erms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. DEBARMENT AND SUSPENSION
26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its
subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from entering into this Agreement by any federal agency or by any department, agency or political
subdivision of the State of Indiana. The term “principa l” for purposes of this Agreement means an officer,
director, owner, partner, key employee or other person with primary management or supervisory
responsibilities, or a person who has a critical influence on or substantive control over the operations of the
Vendor.
26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all
subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment,
penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall
immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s
request, take all steps required by the City to terminate its contractual relationship with the subcontractor for
work to be performed under this Agreement.
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
Cummins, Inc.
Utilities - 2022
Contract Not To Exceed $1,900,144.00
[S:\joberlander\Contracts\Cummins-Utilities Backup Generator Agreement JAO 10.25.22 Clean.doc:10/25/2022 9:39 AM]
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27. IRAN CERTIFICATION
Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in
investment activities within the Country of Iran.
28. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
29. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes th e entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreemen t shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
30. LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE HEREUNDER
FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES
(INCLUDING LOST OPPORTUNITY DAMAGES OR LOST PROFITS OR SAVINGS, LOSS OF USE, LOSS
OF DATA, OR DOWNTIME) EVEN IF IT HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL
VENDOR’S TOTAL AND CUMULATIVE LIABILITY EXCEED TWO MILLION DOLLARS ($2,000,000.00).
NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY
CAUSED BY A PARTY’S NEGLIGENCE OR WILLFUL MISCONDUCT. THIS SECTION SHALL SURVIVE
TERMINATION OF THIS AGREEMENT.
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
Cummins, Inc.
Utilities - 2022
Contract Not To Exceed $1,900,144.00
[S:\joberlander\Contracts\Cummins-Utilities Backup Generator Agreement JAO 10.25.22 Clean.doc:10/25/2022 9:39 AM]
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA CUMMINS, INC.
by and through its Board of Public
Works and Safety
By: By:
James Brainard, Presiding Officer Authorized Signature
Date:
Printed Name
Mary Ann Burke, Member
Date:
Title
Lori S. Watson, Member FID/TIN:
Date:
Last Four of SSN if Sole Proprietor:
ATTEST:
Date:
Sue Wolfgang, Clerk
Date:
Omar Khairy
Senior Sales Account Manager
35-0257090
Oct 26 2022
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
11/2/2022
11/2/2022
11/2/2022
11/2/2022
Project: Carmel WTP
Quotation: Q-79693-20221004-1259
Quotation: Q-79693-20221004-1259
Page 1 of 9
October 4, 2022
To Prepared by
Omar Khairy
nb729@cummins.com
We are pleased to provide you this quotation based on your inquiry.
Item Description Qty
1 DQGAF, Diesel Genset, 60Hz, 1500kW-Standby Rating 2
0 U.S. EPA, Stationary Emergency Application 2
0 1500DQGAF, Diesel Genset, 60Hz, 1500kW 2
0 Duty Rating-Standby Power (ESP) 2
0 Emission Certification, EPA, Tier 2, NSPS CI Stationary Emergency 2
0 Vibration Isolators-Normal Duty 2
0 Voltage-2400/4160, 3 Phase, Wye, 4 Wire 2
0 Alternator-60Hz, 3Phase, 2400/4160 Volt, 80C, Standby/Prime 2
0 Alternator Heater, 120 Volt AC 2
0 Stator Winding Temperature Sensors, 2 RTD per Phase 2
0 Output Terminals-2-Hole Lug, NEMA 2
0 Fuel Filters-Engine, Single 2
0 Control Mounting-Left Facing 2
0 Generator Set Control-PowerCommand 3.3, Paralleling with MLD 2
0 Analog Meters-AC Output 2
0 LCD Control Display 2
0 Display, Running Time 2
0 Alarm-Audible, Engine Shutdown 2
0 Signals-Auxiliary, 8 Inputs/8 Outputs 2
0 Relays-User Configured 2
0 Signals-Auxiliary 2, 8 Inputs/8 Outputs 2
0 Control Display Language-English 2
0 Transformers-Differential Current, 3 Phase 2
0 Circuit Breaker or Entrance Box or Terminal Box-Right Only 2
0 Circuit Breaker or Entrance Box-None-Left 2
0 Entrance Box-Med Voltage, Top/Bottom Entry, Right 2
0 CB or EB or TB-None, Left 2
0 Top Entry, Right 2
0 Indication-Ground Fault, 3-Pole Transfer Switch 2
0 Bottom Entry Chute, None 2
0 Engine Starter-24 Volt DC Motor 2
0 Engine Air Cleaner-Normal Duty 2
0 Battery Charging Alternator 2
0 Engine Cooling-Radiator, High Ambient Air Temperature, Ship Fitted 2
0 Shutdown-Low Coolant Level 2
0 Coolant Heater-208/240/480 Volts AC, Below 40F Ambient Temperature 2
0 Engine Oil Heater-208/240 Volts AC, Single Phase 2
0 Engine Oil Filters, Full Flow with Bypass 2
0 Oil Sampling Valve 2
0 Test Record-Strip Chart 2
0 Test-Extended, Standby Load, 1 Hour 2
0 Test-Varied Load, 1 Hour, 2 Step 2
0 Test Record-Safety Shutdowns 2
0 Cummins Certified Test Record 2
0 Standby 5 Year 2500 Hour Parts+Labor+Travel 2
0 Literature-English 2
0 Packing-None 2
2 FILTER,FUEL 2
Exhibit A
1 of 11
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
Project: Carmel WTP
Quotation: Q-79693-20221004-1259
Quotation: Q-79693-20221004-1259
Page 2 of 9
3 Battery Charger-10Amp, 120/208/240VAC, 12/24V, 50/60Hz 2
4 Remote Emergency Stop Station in a NEMA 4X Enclosure 2
5 12VDC Engine Starting Battery - 1000CCA 8
6 Annunciator-Panel Mounted With Enclosure (RS485) 2
7 Level 2 Enclosure 24 Hour Tank Cat walk down both sides of the generator 2
8 Neutral Ground Resistors 2
9 Cummins Paralleling Switch Gear & DMC Master Controller 1
10 Freight 1
11 Factory Commissioning as well as Load Banking 1
12 1 Year Preventive Maintenance Agreement 1 Inspection and 1 Service 1
13 3rd Party Testing (Neta, Injection) and Coordination Study
TOTAL: $ 1,900,144.00
Project Overview – Switchgear: -
Note: - Gensets
PCC Controller KW Size New Gens Existing Gens Voltage Operation Mode
TBA 1500 2 0 4160v
3ph, 3w
Main-Tie-Main
Project Summary
Technical Bill of Materials (BOM)
Tie Breaker (T)
1200 AF Vacuum Circuit Breaker, Electrically Operated/Drawout - Qty: 1
Set of Current Transformers (1200:5) - Qty: 1
Set of Potential Transformers (On either side of Tie) - Qty: 2 sets
SEL-751A Multifunction Relay - Qty: 1
#86 Lockout Relay - Qty: 1
#43 Breaker Control Switch - Qty: 1
Equipment
Listing
Main Bus Main Bus
Type
Bus Bracing Breaker MVA
Rating
Control
Voltage
Enclosure
Type
UL-MV
1200A
Insulated by
Fluidized Bed
Process
40kA 250MVA 48vdc Nema 1
Exhibit A
2 of 11
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
Project: Carmel WTP
Quotation: Q-79693-20221004-1259
Quotation: Q-79693-20221004-1259
Page 3 of 9
Generator Paralleling Breakers
1200 AF Vacuum Circuit Breaker, Electrically Operated/Drawout - Qty: 2
SEL 700G - Qty: 2
Set of Current Transformers (1200:5) - Qty: 1 set ea
#86 Lockout Relay - Qty: 2
LED Position Indicator - Qty: 2
Distribution Feeder Breaker
1200 AF Vacuum Circuit Breaker, Electrically Operated/Drawout - Qty: 1 SPARE
SEL 751A - Qty: 1
Set of Current Transformers (1200:5) - Qty: 1 set ea
#86 Lockout Relay - Qty: 1
LED Position Indicator - Qty: 1
Output Lugs to Feed M-T-M Switchgear
1200A Output Lugs – Qty: 2
Materials/Accessories:
Operator and Maintenance Manuals - Qty: 3
Momentum IO Units – Qty: 11 (to replace existing units)
DIGITAL MASTER CONTROL
Model DMC 8000 Including: -
• Illuminated Alarm Horn
• Alarm Acknowledge, Silence and Reset from Touchscreen
• Schneider Electric Modicon Programmable Logic Controller (PLC) programmed using Unity Pro Software.
• Distributed IO with Ethernet ring communications network
• 16 Programmable Load Add and Load Shed Relays
• 8 levels of load add, and load shed control
• Best Battery System with Smart UPS
• Digital Transducer(s) as needed for system control and monitoring
• Master Synchronizer(s) as needed for Isolated Power Paralleling and Synchronizing
• System Scheduler with 12 programmable schedules with 6 exception periods
• Load Demand (absolute kW, percent, hours-based rotating)
• 90 Days of Historical Trending and data logging
• BMS Interface via Modbus TCP/IP
• NFPA 110 compliant Reports (Generator, ATS)
• Email Notification of alarms and reports
• 4 levels of security with customizable usernames and passwords
• Customizable Device Naming (Gensets, ATS’s, breakers)
• Remote Web Interface; 1 concurrent user standard, (options for more available)
• Control Circuit protection via Mini Circuit Breakers with trip indication
• 24vdc LED Service Light inside each Control cabinet
• External Door mounted service port
• ANSI 61 Grey Cabinet, UL891 listed
Exhibit A
3 of 11
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
Project: Carmel WTP
Quotation: Q-79693-20221004-1259
Quotation: Q-79693-20221004-1259
Page 4 of 9
• Key Lockable Cabinet
1-Color Touchscreen (21”) Graphical Operator Interface per DMC:
Includes the following screens:
• System One-Line
• Generator Data, Status and manual control
• System Metering for all sources
• Real time and historical Trending
• System Control
• Load Control
• Load Demand
• Event Log
• Current and Historical Alarms
• Scheduler
• Generator Reports
• ATS reports, if applicable
• Systems Settings and Diagnostics
• Security/Login
• Help Screens
Exhibit A
4 of 11
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
$1,900,400.00
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
City of Carmel
11/2/2022
James Brainard Mayor, City of Carmel
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
$1,900,144.00
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
EXHIBIT B
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
EXHIBIT C
INSURANCE COVERAGES
Worker’s Compensation & Disability Statutory Limits
Employer’s Liability:
Bodily Injury by Accident/Disease: $100,000 each employee
Bodily Injury by Accident/Disease: $250,000 each accident
Bodily Injury by Accident/Disease: $500,000 policy limit
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations): $500,000
Products/Completed Operations: $500,000
Personal & Advertising Injury
Policy Limit: $500,000
Each Occurrence Limit: $250,000
Fire Damage (any one fire): $250,000
Medical Expense Limit (any one person): $ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit: $500,000 each accident
Injury and property damage: $500,000 each accident
Policy Limit: $500,000
Umbrella Excess Liability
Each occurrence and aggregate: $500,000
Maximum deductible: $ 10,000
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279
EXHIBIT D
AFFIDAVIT
_____________________________________________, being first duly sworn, deposes and says that
he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this
matter, could testify as follows:
1. I am over eighteen (18) years of age and am competent to testify to the facts contained
herein.
2. I am now and at all times relevant herein have been employed by
_____________________________________________ (the “Employer”)
in the position of ______________________________________.
3. I am familiar with the employment policies, practices, and procedures of the Employer and
have the authority to act on behalf of the Employer.
4. The Employer is enrolled and participates in the federal E-Verify program and has
provided documentation of such enrollment and participation to the City of Carmel,
Indiana.
5. The Company does not knowingly employ any unauthorized aliens.
FURTHER AFFIANT SAYETH NOT.
EXECUTED on the _________day of __________________________, 20___.
___________________________________
Printed:_____________________________
I certify under the penalties for perjury under the laws of the United States of America and the State of
Indiana that the foregoing factual statements and representations are true and correct.
__________________________________________
Printed: _____________________________
Omar Khairy
Cummins INc
Senior Sales Account Manager
26 October 22
Omar Khairy
DocuSign Envelope ID: 49EBA41B-B57F-4263-818C-D10E08776279