Board of Selectmen Regular Meeting (linked)
agenda center agenda
| Board/Commission | Board of Selectmen |
|---|---|
| Meeting Date | May 02, 2023 |
| Pages | 72 |
| File Size | 3.9 MB |
| OCR Status | Searchable (OCR processed) |
| Source URL | Original |
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FINANCE DEPARTMENT
Viemo
To: The Board of Selectmen
From: Shea Moses
Date: April 24, 2023
Re: Disposal ofaged assets
Dear Mr. Brule:
In accordance with the Town Property Ordinance, Chapter 2.112.020, it is requested
that the Board of Selectmen please consider an act to surplus for disposal, on Behalf of
the Waterford Public Library, Asset#100259, Children’s Magazine Shelving. This item is
no longer in the Town’s possession. By removing this item from the Town’s asset list this
will insure that only items that are currently located and owned by the Town are
properly insured under the Town's LAP insurance policy.
Thank you for your consideration
hee Prose
Shea Moses
Purchasing Agent,
Town of Waterford
Brandishea Moses
From:
Sent:
To:
Ce:
Subject:
Hi Shea —
Christine Johnson
Monday, April 24, 2023 10:51 AM
Brandishea Moses
Gail Miller
Surplus Approval Request
lam writing to request that the following fixed asset, formerly owned by the library, ~
Active
Asset : Department | Purchase Total Site Site
Number Class Description | Department % Date Cost Name Number
1606 - CHILDREN'S
FURNITURE & | MAGAZINE 36 - TOWN
100259 | ACCESSORIES | SHELVING LIBRARY 100 06/06/2006 | 1,478.00 | LIBRARY 012
be approved for surplus by the Board of Selectmen. We no longer have this fixture on-site. | am unsure as to when the
item was removed from the library.
Please advise if any additional details are required to proceed with this request.
Thanks for your assistance.
Regards,
Chris
Christine M. Johnson
Library Director
Waterford Public Library
49 Rope Ferry Road
Waterford, CT 06385
860-444-5805
Celebrating 100 Years of Service! 1923-2023
Sign up for our e-news at WaterfordPublicLibrary.org
Folfow us on Facebook & Instagram!
FIXED ASSET WORKSHEET
ASSET NUMBER DESCRIPTION Children's Magatine Shelving
srares [| Noto
CLASS CODE SUBCLASS
GEE LISTING BELOW)
SERIAL NUMBER N/A
LOCATION DEPARTMENT
(ADDRESS)
{RGOM HF APPLICABLE)
DATH ACQUIRED [| ACQUISTION Cost’ [|
LINE ITEM(S) CHARGED
| TO NUMBERG)
INVOICE NUMBER(S)
VENDORG)
MANUFACTURER
MODE
MODEL YEAR ASSET RETIRED (TAG 4) 100259)
CLASS CODItS:
LAND wo
LAND IMPROVEMENTS mm
CONSTRUCTION woo
CONST RUCTION-IN-PROGRESt wt
INERASTRUGTURI 400
MACHINERY & EQUIPMENT 500
LICENSED VIICLES: oo
SOFTWARE, ‘Joo
Or My Abr 4lo¥ 103
PERSON COMPLISFING PORM
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SIGNATURE . DAT
(DEPARTMENT TUEAD)
NOTE SHADED ARRAS WILL BE COMPLETED DY ‘TIE FINANCE DEPARTMENT
ub
FINANCE DEPARTMENT
Memo
To: The Board of Selectmen
From: Shea Moses
Date: April 24, 2023
Re: Disposal ofagediassets
Dear Mr. Brule:
In accordance with the Town Property Ordinance, Chapter 2.112.020, it is requested
that the Board of Selectmen please consider an act to surplus for disposal for the items
on the attached list, on Behalf of the Police Department, as these items are no longer
useful to the Town. By removing the items from the asset list this will insure that only
items that are currently located and owned by the Town, are properly insured under the
Town’s LAP insurance policy. Items listed below:
e —Asset#000283- System Outdoor Speakers
© Asset#010115- Traffic Counter
Asset#100062- Enclosed Trailer Plate {53WFD, U.S. Cargo Worksport, VIN
4OLFB12145P1 11482
Asset¥9204031599- Traffic Counter Plate 178 WFD, Pennstyle, VIN 4PKC508S7TL001527
Asset$920403 1600- Traffic Counter Plate 150 WED, Smart Cart, VIN IK9BS0810RK 118090
Asset#9204031601- Traffic Counter
Asset#920403 1613- Trailer
Thank you for your consideration
Shee Ase
Shea Moses
Purchasing Agent,
Town of Waterford
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
www.waterfordct.org
TO: Shea Moses, Purchasing Agent
FROM: Kim Allen, Director of Finance
COPY: Marc Balestracci, Chief of Police
RE: Surplus Request
DATE: April 18, 2023
There are multiple items on the Police Department’s asset list that were previously discarded
by either Chief Pendleton or Chief Mahoney.
Per Waterford’s Ordinance 2.112 (Disposition of Town Property), | am requesting approval of
the Board of Selectmen to surplus/discard these items to officially remove them from the
town’s asset list. The asset list is utilized for property and equipment values to be insured
under the town’s LAP insurance policy. Removing the discarded items will ensure the town is
properly insuring only items that are currently located and owned by the town.
Respectfully,
Kimberly Allew
Kimberly Allen
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FINANCE DEPARTMENT
VMemo
To: The Board of Selectmen
From: Shea Moses
Date: April 24, 2023
Re: Disposal ofaged assets
Dear Mr. Brule:
In accordance with the Town Property Ordinance, Chapter 2.112.020, it is requested
that the Board of Selectmen please consider an act to surplus for disposal, on Behalf of
the Recreation & Parks Department, Asset#100499, Graco Sports Field Liner. This item
has been replaced with a Streamliner 354 purchased through Beacon Athletics, as it can
no longer perform the operation intended use.
This item will be disposed of by auction on GovDeals.
Thank you for your consideration
Shea Pose
Shea Moses
Purchasing Agent,
Town of Waterford
FIFTEEN ROPE FERRY ROAD WATERFORD, CT 06385-2886
WATERFORD RECREATION AND PARKS COMMISSION
DATE; April 21, 2023
TO: Board of Selectmen
FROM: Ryan McNamara, Director of Recreation & Parks
SUBJECT: Fixed Asset Replacement/Disposal and Notice
The Recreation and Parks Department requests your consideration for transferring the following
equipment to the Purchasing Agent for disposal in accordance with policy:
« Asset #100499 Graco Sports Field Liner: This asset was replaced with a field liner under the
$1,000 threshold for Fixed Asset status: Streamliner 354 liner through Beacon Athletics for
$589.00
This piece of equipment no longer performed the operation intended and can be scheduled for
disposal.
° Asset #100391 Paint/Mixing system: This asset still retains the motor and equipment for
operation but required replacement of the plastic tank due to black mold. The remainder of the
asset will be retained and may need modification should it be needed going forward. No action
is required, this is simply a notice of asset review.
Thank you for your time and consideration.
if you have
we
—.
y furtherquestions, please call.
SIGNED
Ryan McNamara
Town of Waterford
Director of Recreation and Parks
Nemo
April 25, 2023
Mr. Rob Brule
First Selectman
Town of Waterford
15 Rope Ferry Road
Waterford, CT 06385
Re: Cooperative Purchasing-Cohanzie Generator Replacement Project
Dear Mr. Brule:
\n keeping with Section 3.08.010 of the Purchasing Ordinance- Cooperative Purchasing,
the Purchasing Agent on behalf of the Fire Services Department, respectfully seeks the
Board’s approval to award the contract for the Cohanzie Generator Replacement to
Cummins Sales and Service for $56,000.00. This purchase is in accordance with
Sourcewell Contract #092222-CMM, Cummins (Higgins Electric).
Funds will be available from Line Item 32323-55900 Cohanzie Emergency Generator
ly,
Sjncere
Nee Brave
Shea Moses
Purchasing Agent,
Town of Waterford
Office of the Director
Waterford Fire Department
204 Boston Post Road
Waterford CT. 06385
April 22, 2023
First Selectman Rob Brule
15 Rope Ferry Road
Waterford, CT 06385
Re: Cohanzie Generator Replacement Project, Line # 32323-55900
On behalf of the Waterford Fire Services, I would like to recommend moving forward with the
Cohanzie emergency generator replacement project funded in this year’s Capital. This is a three
part request.
1. Bid waiver request for the Emergency generator replacement through the Cooperative
Purchasing Agreement (CPA) with Sourcewell or the State of CT contract pricing.
2. lam recommending the contract be awarded to: Cummins Sales and Service and Higgins
Electric for the new Cummins Power Generation backup generator. For an install price of
$56,000,
3. Tam requesting an additional $5,000 for the CIP bringing the total amount to $60,000,
$1,000 to cover the overbid and $4,000 as contingency.
Cooperative Purchasing Contracts
Sourcewell #092222-CMM Cummins (Higgins Electric) $56,000
KOHLER Awarded Contract #092222-KOH (Stula Enterprises) $57,959
Director of Fire Services
Jt.p-.dt.
Chief, Michael J. Howley
Cc. C. file
Rocky Hill, CT 06067
Phone: (860) 529-7474
Fax: (860) 529-7044
Sales and Cummins Sales & Service
Service 944 Cromwell Ave
Date: March 22, 2023
To:
Town of Waterford
Attn: Rawle Dummett
Prepared By:
Project: Cohanzie Fire House (Sourcewell #120627-CMM) Leonardo Dasilva
Location: Waterford, CT 201-452-3763
Proposal No.: Q-64725 REV1.1 feonardo.dasilva@cummins.com
We are pleased to provide you this quotation based on your inquiry.
SCOPE OF WORK & BILL OF MATERIALS
One (1) new Cummins Power Generation generator model no. C60D6, rated at 60 kW, 208 volts AC, 3 phase,
4 wire, 60 hertz, 1800 RPM, for operation on diesel fuel. Outdoor application package to include our
standard features,
— EPA Tier 3 emission certified engine
— -Emergency/Stand-by
— UL 2200 Listed
— NFPA 110, Level 10, Type 1
— Battery charging alternator
— fsochronous electronic governor
— Alternator 60Hz
— €xciter/Regulator: PMG
— PowerCommand 1.1, genset control panel
= ModBus RTU communications output
= Relays-genset status, user configured
* Local emergency “E-Stop” switch
Onan UL 508 listed PowerCommand Control Panel featuring a microprocessor based digital control system
with the following:
~ Digital display panel — Digital AC voltage line to line
~ Cyclic cranking controls, adjustable — Digital AC current by phase
~ Self-diagnostics with LED's for self-test — Digital AC kilowatts
~ Run-off-auto switch — Digital AC kilowatt hours
~~ Emergency stop switch — Digital AC power factor
Sales and
Service
C — Overcrank shutdown
— Digital engine oil pressure — Oil pressure sender failure warning
— Digital engine coolant temperature — Water temperature sender failure
— Digital engine RPM (tachometer) warning
~ Digital DC battery voltage — Alternator overcurrent warning
— Digital engine starts counter — Low engine temperature warning
— Digital engine running hours — Engine overload warning with load
— Low oil pressure shutdown and pre- shed
alarm — Low fuel level warning
— High engine temperature shutdown — Low battery voltage warning
and pre-alarm — High battery voltage warning
— Low coolant level shutdown — Weak battery warning
— Overspeed shutdown — Four {4} customer selected shutdowns
— Fail to crank shutdown or warnings
~ Mainline circuit breaker:
= Loc. A, 70A-250A, LSi trip unit, 3-pole, 600V, 100% rated, UL
— Engine mounted radiator and fan
— Structural steel base rails
— Vibration isolators, skid mounted
< — Engine block coolant heater
— Lube oil and 50/50 antifreeze
— Air intake filter
— €ngine oil fitter
~ Diesel fuel/water separator filter
— Flexible fuel lines
— Fluid drain extensions, oil & coolant
— Battery racks and cables
— €xternal 6A battery charger, installed
— Factory test report
— Warranty, 2 years
— Owner’s manuals
— Enclosure: Aluminum, skin-tight, weather protective and sound attenuated enclosure system
internally mounted critical type exhaust system
"Critical type exhaust silencer and stainless-steel exhaust flex pipe
* Sound attenuated to 69.0 dB(A) at 23 feet, full load
= Access doors with keyed latches
C Cummins Sales & Service
cae 914 Cromwail Ave
Rocky Hitt, CT 08067
Phone: (860) 529-7474
Fax: (860) 529-7041
Sales and
Services
» Wind resistance ASCE-7, 180 mph
® Paint color, Onan-green
— Fuel Tank: 48-hour rated, sub-base type diesel fuel tank, 276-gallons capacity
= UL-142 approved sub-base fuel tank
» Double walf secondary containment
» Low/leak alarm floats and switches
« Fuel gauge, mechanical dial read-out
* Locking manual fill cap
« €lectrical conduit stub-up area
= Paint color, black
— Shipped Loose, Generator items:
= €ngine starting batteries, lead-acid type, 12 volts DC
“Remote annunciator panel, wall mounted
One (1) new Installation by Higgins Electric for the new Cummins Power Generation, stand-by diesel
generator-set, at the Cohanzie Fire House at 53 Dayton Road in Waterford, CT. This includes the following:
install new Cummins C60D6, GOkW rated, 4BTAA3.3-G7 heavy duty engine, U.S EPA emissions certified
oa diesel compression-ignited, stand-by application generator set with factory weather protective
( enclosure sound attenuated enclosure. UL-2200 Listing, generator mainline circuit breaker, PMG
excitation, block heater and battery charger. Two (2) Year standby warranty.
COMPLETE INSTALLATION INCLUDES:
- Saw cut, dig, and pour new pad/extend the existing concrete pad as needed for the new generator.
- Pipe under the under-hang from the generator to the entrance of the building for terminations.
- Remove existing generator from inside the building, including associated equipment, and dispose of.
- Set the new Cummins generator onto the concrete pad with a crane and fasten it
- Provide ali AC power conductors back to existing ATS.
- Provide all AC accessories for generator block heater & battery charger.
- Provide all DC control wires for ATS start.
- Perform start-up and site testing.
- Perform final inspections and owner training.
+ State permit fee included
Not included in quote is the following
- Town permit fees are not included. Town to provide/wave
- Any unforeseen items discovered during excavation, such as but not limited to buried pipes, wires,
ledge, organic materials, rocks over 24" in any one direction, tanks, etc... will be brought to owner's
attention and continued a time and materials basis.
Cummins Saies & Service
944 Cromwell Ave
Rocky His, CT 06087
Phone: (860) 529-7474
Fax: (860) 529-7041
Pam
Gales and
Sarviee
- Any safety or code related issues that exist currently in existing panels, service equipment and or
building. These will be brought to owner’s attention and continued a time and materials basis
TOTAL SALE PRICE'$56,000;00
Sales Tax Not Included
1. Diesel fuel for generator is not included. To be supplied by the owner,
2. Transfer switch is not included. Town to re-use existing.
3. Temporary generator to provide temporary power during building shutdown and cutover is not
included. if required, it will be quoted as extra ltern,
CLARIFICATIONS:
1. The above price will be held firm for 30 days from date of quotation.
Terms of Sale apply. Please see details on next page.
3. The quoted price is FREIGHT ALLOWED to first destination, unless otherwise specified. Equipment
. unloading, storage and rigging are the responsibility of others.
€ 4, Engineering coordination study, short-circuit analysis, circuit breaker testing and independent tests
are not included in this proposal and is the responsibility of others.
5. Field tests for Infra-red scanning, NETA, DEMA, exhaust emissions, exhaust back-pressure, harmonic
content, voltage & frequency stability, ground fault, noise level are not included with this proposal.
iad
¢ Cummins Sales & Service
a 914 Cromwell Ave
Rocky Hill, CT 06067
Phone: (860) $29-7474
Fax: {860} 529-7044
Sales and
Service
NOTICE: As a result of the outbreak of the disease Covid-1S arising from the novel coronavirus, temporary delays in delivery, labour or
services from Cummins and Its sub-suppliers or subcontractors may occur. Among other factors, Cummins’ delivery obligations are subject to
correct and punctual supply fram our sub-suppliers or subcantractors, and Cummins reserves the right to make partial deliveries or modify
{ts labour or service. While Cummins shal! make every commercially reasonable effort to meet the delivery, service or completion
obligations set forth herein, such dates are subject to change.
if you would like to place an Order with Cummins Sales and Service based on the Bill of Materfal, Quotation Price and Terms of Sale
as detailed above, please complete and sign the foflawing and return this Quotation to the attention of your Power Generation
Sales contact indicated below, By completing the following information, a confirming Purchase Order will not be required. If you
should send us a confirming Purchase Order, and we incur additional costs for review and/or negotiation of the form, then our
actual expense for such review may be added to our Quotation Price.
Company Name:
Printed Name:
Signature:
Date:
Quote submitted by,
Leonardo Dasilva
C ~ Leonardo Dasilva - Cummins Sales & Service
< 914 Cromwell Avenue
Rocky HIll, CT 06067
Mobile: (201}452-3763 | Office: (@60)721-2234
Email: Leonardo.dasilva@ curmmins.com
€ Cummins Sales & Service
“a 914 Cromwell Ave
Rocky Hill, CT 06067
Phone: (860) 529-7474
Fax: (860) 529-7041
ey
Sales and
Service
TERMS AND CONDITIONS FOR SALE OF POWER GENERATION EQUIPMENT
These Terms and Conditions for Sale of Power Generation Equipment, together with the Quote, Sales Order, and/or Credit Application
on the front side or attached hereto, are hereinafter referred to as this “Agreement” and shall constitute the entire agreement between
the customer identified in the quote (“Customer”) and Cummins Inc. (“Cummins”) and supersede any previous representation,
statements, agreements or understanding (oral or written) between the parties with respect to the subject matter of thls Agreement.
No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or
interpret, the Terms and Conditions set forth in this Agreement. Electronic transactions between Customer and Cummins will be
solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer’s website or other
internet site will be null and void and of no legal effect on Cummins. In the event Customer delivers, references, incorporates by
reference, or produces any purchase order or document, any terms and conditions related thereto shall be null and void and of no
legal effect on Cummins.
SCOPE: Cummins shall supply power generation equipment and any related parts, materials and/or services expressly identified in
this Agreement (collectively, “Equipment”), No additional services, parts or materials are included in this Agreement unless agreed
upon by the parties in writing. The Quote is based upon the assumption that the Equipment will be reasonably available and is not
subject to unusual market fluctuations. In the event of unusual and/or unanticipated price fluctuations and/or shortage of materials
(“Fluctuations”), Cummins reserves the right to adjust the estimated delivery time and/or the price to reflect such Fluctuations,
Subject to the foregoing, any Quote is valid for 30 days, and the price is firm provided drawings are approved and returned within 30
days after submission and ship date is not extended beyond published lead times. Any delays may result in escalation charges. A
Sales Order for Equipment is accepted on hold for release basis. The Sales Order will not be released and scheduled for production
until written approval to proceed is received. A Quote is limited to plans and specifications section set forth in the Quote. No other
sections shall apply. Additional requirements for administrative items may require additional costs. The Quote does not include off
unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation or fuel, unless otherwise stated. Cummins makes
no representation or assurance as to the Equipment complying with any Buy America or Buy American laws, regulations, or
requirements unless specifically provided in the Quote.
SHIPPING; DELIVERY; DELAYS: Unless atherwise agreed in writing by the parties, Equipment shall be delivered FOB origin, freight
prepaid to first destination. For consumer and mobile products, freight will be charged to Customer. Uniess otherwise agreed to in
writing by the parties, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cumming
deems appropriate. Cummins may deliver in installments. A reasonable storage fee, as determined by Cummins, may be assessed if
delivery of the Equipment is delayed, deferred, or refused by Customer, Offloading, handling, and placement of Equipment and crane
services are the responsibility of Customer and not included unless otherwise stated. All shipments are made within normal business
hours, Monday through Friday. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated
and not guaranteed. Further, delivery time is subject to confirmation at time of order and will be in effect after engineering drawings
have been approved for production. Cummins shall use best efforts to meet estimated dates, but shall not be liable to customer or
any third party for any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in
performance that result from Fluctuations or directly or indirectly from acts of Customer or any unforeseen event, circumstance, or
condition beyond Cummins’ reasonable contral including, but not limited to, acts of God, actions by any government authority, civil
strife, fires, floods, windstorms, explosions, riots, natural disasters, embargos, wars, strikes or other labor disturbances, civil
commotion, terrorism, sabotage, late delivery by Cummins’ suppliers, fuel or other energy shortages, or an inability to obtain
necessary labor, materials, supplies, equipment or mamufacturing facilities.
AS A RESULT OF THE OUTBREAK OF THE DISEASE COVID-19 ARISING FROM THE NOVEL CORONAVIRUS, TEMPORARY DELAYS IN
DELIVERY, LABOUR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER
FACTORS, CUMMINS’ DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR
SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY [tS LABOUR OR SERVICE.
WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION
OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE,
PAYMENT TERMS; CREDIT; RETAINAGE: Unless otherwise agreed to by the parties in writing and subject to credit approval by
Cammins, payments are due thirty (30) days from the date of the invoice. If Customer does not have approved credit with Cummins,
as solely determined by Cummins, payments are due in advance or at the time of supply of the Equipment. If payment is not received
when due, in addition te any rights Cummins may have at law, Cummins may charge Customer eighteen percent {18%} interest
annually on late payments, or the maximum amount allowed by law. Customer agrees to pay Cummins’ costs and expenses
(including reasonable attorneys! fees) related to Cummins’ enforcement and collection of unpaid invoices, or any other enforcement of
this Agreement by Cummins. Retainage is not acceptable nor binding, unless required by statute or accepted and confirmed in writing
by Cummins prior to shipment.
TAXES; EXEMPTIONS: Unless otherwise stated, the Quate excludes all applicable local, state and federal sales and/or use taxes,
permits and licensing. Customer must provide a valid resale or exemption certificate prior to shipment of Equipment or applicable
taxes will be added to the invoice,
TITLE; RISK OF LOSS: Unless otherwise agreed in writing by the parties, title and risk of loss for the Equipment shall pass to
Customer upon delivery of the Equipment by Cummins to freight carrier or to Customer at pickup at Cummins’ facility.
Cummins Sales & Service
914 Cromwell Ave
Rocky Hill, CT 06067
Phone: (860) 529-7474
Fax: (860) 529-7041
Saies anc
Service
le
INSPECTION AND ACCEPTANCE: Customer shall inspect the Equipment upon delivery, before offloading, for damage, defects, and
shortage. Any and all claims which could have been discovered by such inspection shall be deemed absolutely and unconditionally
waived uniess noted by Customer on the bill of lading, Where Equipment is alleged to be non-conforming or defective, written notice
of defect must be given to Cummins within three (3} days from date of delivery after which time Equipment shall be deemed accepted.
Cummins shall have a commercially reasonable period of time in which to correct such non-conformity or defect. If non-conformity or
defect is not eliminated to Customer’s satisfaction, Customer may reject the Equipment {but shall protect the Equipment until
returned to Cummins) or allow Cummins another opportunity to undertake corrective action. In the event startup of the Equipment is
included in the services, acceptance shall be deemed to have occurred upon successful startup.
LIEN; SECURITY AGREEMENT: Customer agrees that Cummins retains all statutory lien rights. To secure payment, Customer
grants Cummins a Purchase Money Security Interest in the Equipment, If any portion of the belance is due to be paid following
delivery, Customer agrees to execute and deliver such security agreement, financing statements, deed of trust and such other
documents as Cummins may request from time to time in order to permit Cummins to obtain and maintain a perfected security
interest in the Equipment; or in the alternative, Customer grants Cummins a power of attorney to execute and file all financing
statements and other documents needed to perfect this security interest. Cummins may record this Agreement, bearing Customer's
signature, or copy of this Agreement in lieu of a UCC-1, provided that it shall not constitute an admission by Cummins of the
applicability or non-applicability of the UCC nor shall the failure to file this form or a UCC-1 in any way affect, alter, or invalidate any.
term, provision, obligation or liability under this Agreement. The security interest shall be superseded if Customer and Cummins
enter into a separate security agreement for the Equipment. Prior to full payment of the balance due, Equipment will be kept at
Customer's location noted in this Agreement, will not be moved without prior notice to Cummins, and is subject to inspection by
Cummins at all reasonable times.
CANCELLATION; CHARGES: Orders placed with and accepted by Cummins may not be cancelled except with Cummins’ prior written.
consent. If Customer seeks to cancel all or a portion of an order placed pursuant to this Agreement, and Cummins accepts such
cancellation in whole or in part, Customer shail be assessed cancellation charges as follows: {i} 10% of total order price if cancellation
is received in Cummins’ office after Cummins has provided submittals and prior to releasing equipment to be manufactured; (ii) 25%
of total order price if cancellation is received in Cummins’ office after receipt of submittal release to order, receipt of a purchase order
for a generator already on order with the factory, or is asked to make any hardware changes to the equipment already on order with
the factory; {iii} 50% of total order price if cancellation is received in Cummins’ office 60 or fewer days before the scheduled shipping
date on the order; or (iv) 100% of total order price if cancellation is received in Cummins’ office after the equipment has shipped from
the manufacturing plant.
MANUALS: Unless otherwise stated, electronic submittals and electronic operation and maintenance manuals will be provided, and
print copies may be available upon Customer's request at an additional cost.
TRAINING; START UP SERVICES; INSTALLATION: Startup services, load bank testing, and owner training are not provided unless
otherwise stated. Site startup will be subject to the account being current and will be performed during regular Cummins business
hours, Monday to Friday. Additional charges may be added for work requested to be done outside standard business hours, on
weekends, or holidays. One visit is allowed unless specified otherwise in the Quote. A minimum of two-week prior notice is required
ta schedule site startups and will be subject to prior commitments and equipment and travel availability. A signed site check sheet
confirming readiness will be required, and Cummins personnel may perform an installation audit prior to the startup being
completed. Any issues identified by the installation audit shall be corrected at the Customer's expense prior to the start-up. Portable
load banks for site test (if offered in the Quote} are equipped with only 100 feet of cable. Additional lengths may be arranged at an
extra cost. Cummins is not responsible for any labor or materials charged by others associated with start-up and installation of
Equipment, unless previously agreed upon in writing. Supply of fuel for start-up and/or testing, fill-up of tank after start up, or
change of oii is not included unless specified in the Quote. Ail installation/execution work at the site including, but not limited to:
civil, mechanical, electrical, supply of wall thimbles, exhaust extension pipe, elbows, hangers, expansion joints, insulation and
cladding materials, fuel/oil/cooling system piping, air ducts, and louvers/dampers is not included unless specified in the Quote.
When an enclosure or suib-base fuel tank (or both} are supplied, the openings provided for power cable and fuel piping entries,
commonly referred to as “stub-ups”, must be sealed at the site by others before commissioning. All applications, inspections and/or
approvals by authorities are to be arranged by Customer.
MANUFACTURER'S WARRANTY: Equipment purchased hereunder is accompanied by an express written manufacturer’s warranty
{"Warranty”} and, except as expressly provided in this Agreement, is the only warranty offered on the Equipment. A copy of the
Warranty is available upon request. While this Agreement and the Warranty are intended to be read and applied in conjunction,
where this Agreement and the Warranty conflict, the terms of the Warranty shall prevail.
WARRANTY PROCEDURE: Prior to the expiration of the Warranty, Customer must give natice of a warrantable failure to Cummins
and deliver the defective Equipment to a Cummins location or other location authorized and designated by Cummins to make the
repairs during regular business hours. Cummins shall not be liable for towing charges, maintenance items such as oil filters, belts,
hoses, etc., communication expenses, meals, lodging, and incidental expensea incurred by Customer or employees of Customer,
"downtime" expenses, overtime expenses, cargo damages and any business costs and losses of revenue resulting from a wexrantable
failure.
Cummins Sales & Service
914 Cromwell Ave
Racky Hill, CT 06087
Phone: (860) 529-7474
Fax: (880) 529-7041
Sales and
Service
LIMITATIONS ON WARRANTIES
THE REMEDIES PROVIDED IN THE WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED
BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE
EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND
CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED
REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR 4 PURPOSE OR MERCHANTABILITY.
The limited warranty does not cover Equipment failures resulting from: (a) Inappropriate use relative to designated power rating; (b)
Inappropriate use relative to application guidelines; (c} inappropriate use of an EPA-SE application generator set relative to EPA’s standards;
{d} normal wear and tear; {e) improper and/or unauthorized installation; {f) negligence, accidents, or misuse; {g) tack of maintenance or
unauthorized or improper repair; (h) noncompliance with any Cummins published guideline or policy; (i) use of improper or contaminated
fuets, coolants, or lubricants; {I} improper storage before and after commissioning; {k) owner's delay in making Equipment available after
notification of potential Equipment problem; (I) replacement parts and accessories not authorized by Cummins; (m) use of battle short
mode; (n} owner or operator abuse or neglect such as: operation without adequate coolant, fuel, or lubricants; over fueling; over speeding;
fack of maintenance to lubricating, fueling, cooling, or air intake systems; late servicing and maintenance; improper storage, starting, warm-
up, running, or shutdown practices, or for progressive damage resulting from a defective shutdown or warning device; or (a) damage to
parts, fixtures, housings, attachments and accessory items that are not part of the generating set.
INDEMNITY: Customer shail indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs,
expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising
out of this Agreement or the Equipment supplied under this Agreement (collectively, the “Claims”, where such Claims were caused or
contributed to by, in whole or in part, the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims
covered by this indemnity to its insurance carrier unless Cummins directs that the defense will be handled by Cummins’ legal counsel
at Customer's expense.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND {INCLUDING WITHOUT
LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE
TQ GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND
REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY} IN ANY WAY RELATED TO OR ARISING FROM
CUMMINS’ SUPPLY OF EQUIPMENT UNDER THIS AGREEMENT OR THE USE OR PERFORMANCE OF
EQUIPMENT SUPPLIED UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER
OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER'S BEHALF UNDER THIS
AGREEMENT EXCEED THE TOTAL COST OF EQUIPMENT SUPPLIED BY CUMMINS UNDER THIS AGREEMENT
GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES
CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN
EVEN IF THE EXCLUSIVE REMEDY UNDER THE WARRANTY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE.
DEFAULT; REMEDIES: Customer shall be in breach and default if: (a) any of the payments or amounts due under this Agreement
are not paid; {b) Customer fails te comply, perform, or makes any misrepresentation relating to any of the Customer's obligations or
covenants under this Agreement; or {c} prior to full payment of the balance due, Customer ceases to do business, becomes insolvent,
makes an assignment for the benefit of its creditors, appoints a receiver, commences an action for dissolution or liquidation, or
becomes subject to bankruptcy proceedings, or the Equipment is attached, levied upon, seized under legai process, is subjected to a
lien or encumbrance, or transferred by operation of law or otherwise to anyone other than Cummins.
Upon the occurrence of any event of Customer's default, Cummins, at its sole option and without notice, shall have the right to
exercise concurrently or separately any one or all of the following remedies, which shall be cumulative and not alternative: (a} to
declare all sums due, and to become due, under this Agreement immediately due and payable; (b} to commence legal proceedings,
including collection actions and specific performance proceedings, to enforce performance by Customer of any and all provisions of
this Agreement, and to be awarded damages or injunctive relief for the Customer's breach; {c} to require the Customer to deliver the
Equipment to Cummins’ branch specified on the face of this Agreement; (d) to exercise one or more of the rights and remedies
available to a secured party under applicable law; and {e) to enter, without uotice or liability or legal process, onto any premises where
the Equipment may be located, using force permitted by law, and there to disconnect, remove and repossess the Equipment, the
Customer having waived further right to possession after default. A waiver of any event of default by Cummins shall not be a waiver
as to any other or subsequent default.
Cummins Sales & Service
914 Cromwell Ave
Rocky Hill, CT 06067
Phone: (860) 529-7474
Fax: (860) 529-7041
Me
Sales ane
Service
CUSTOMER REPRESENTATIONS; RELIANCE: Customer is responsible for obtaining, at its cost, permits, import licenses, and other
consents in relation to the Equipment, and if requested by Cummins, Customer shail make these permits, licenses, and consents
available to Cummins prior to shipment. Customer represents that it is familiar with the Equipment and understands operating
instructions and agrees to perform routine maintenance services. Until the balance is paid in full, Customer shall care for the
Equipment properly, maintain it in good operating condition, repair and appearance; and Customer shail use it safely and within its
rated capacity and only for purpose it was designed. Even if Customer's purchase of Equipment from Cummins under this Agreement
is based, in whole or in part, on specifications, technical information, drawings, or written or verbal advice of any type from third
parties, Customer has sole responsibility for the accuracy, correctness and completeness of such specifications, technical information,
drawings, or advice. Cummins make no warranties or representations respecting the accuracy, correctness and compieteness of any
specifications, technical information, drawings, advice or other information provided by Cummins. Cummins makes no warranties or
representations respecting the suitability, fitness for intended use, compatibility, integration or Installation of any Equipment
supplied under this Agreement. Customer has sole responsibility for intended use, for installation and design and performance
where it is part of a power, propulsion, or other system. Limitation of warranties and remedies and ali disclaimers apply to all such
technical information, drawings, or advice. Customer acknowledges and agrees by accepting delivery of the Equipment that the
Equipment purchased is of the size, design, capacity and manulacture selected by the Customer, and that Customer has relied solely
on its own judgment in selecting the Equipment.
CONFIDENTIALITY: Each party shail keep confidential any information received from the other that is not generally known to the
public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether
disclosed in oral, written, visual, electronic, or other form, and which the receiving party for agents} learns in connection with this
Agreement including, but not limited to: {a] business plans, strategies, sales, projects and analyses; (b} financial information, pricing,
and fee structures; (c) business processes, methods, and models; (dj employee and supplier information; (¢} specifications; and {f} the
terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its
employees and agents.
GOVERNING LAW AND JURISDICTION: This Agreement and all matters arising hereunder shail be governed by and construed in
accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision. The parties agree that
the courts of the State of Indiana shall have exclusive jurisdiction to settle any dispute or claim arising in connection with this
Agreement.
INSURANCE: Upon Customer's request, Cummins will provide to Customer a Certificate of Insurance evidencing Cummins’ relevant
insurance coverage.
ASSIGNMENT: This Agreement shall be binding on the parties and their successors and assigns. Customer shall not assign this
Agreement without the prior written consent of Cummins.
INTELLECTUAL PROPERTY: Any intellectual property rights created by either party, whether independently or jointly, in the course
of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related
thereto, shall be Cummins’ property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such
intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins’ property. Nothing in this
Agreement shall be deemed to have given Customer a licence or any other rights to use any of the intellectual property rights of
Cummins.
MISCELLANBOUS; Cummins shall be an independent contractor under this Agreement. AU notices under this Agreement shall be in
writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier
service to the addresses set forth in this Agreement.
No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require
performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time
thereafter, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach.
Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms
hereof.
‘These terms are exclusive and constitute entire agreement. Customer acknowledges that the provisions were freely negotiated and
bargained for and Customer has agreed ta purchase of the Equipment pursuant to these terms and conditions. Acceptance of this
Agreement is expressly conditioned on Customer's assent to all such terms and conditions. Neither party has relied on any statement,
representation, agreement, understanding, or promise made by the other except as expressly set out in this Agreement. In the event
of 2 conflict in the terms of this Agreement with any Customer terms or conditions or agreement (whether referenced in an order
submitted by Customer as the terms that govern the purchase of the Equipment or otherwise} or any terms set forth in any other
documentation of Customer with respect to the Equipment, the terms of this Agreement shall govern.
Cummins may incur additional charges which will be passed on te the Customer, as applicable.
COMPLIANCE: Customer shall comply with all laws applicable to its activities under this Agreement, including, without limitation,
any and all applicable federal, state, and local anti-bribery, environmental, health, and safety laws and regulations then in effect.
Customer acknowledges that the Equipment, and any related technology that are sold or otherwise provided hereunder may be
Cummins Sales & Service
914 Cromwell Ave
Rocky Hill, CT 06067
Phone: (860) 529-7474
Fax: (860) 529-7041
Sales anc!
Service
subject to export and other trade controls restricting the sale, export, re-export and/or transfer, directly or indirectly, of such
Equipment or technology to certain countries or parties, including, but not limited to, licensing requirements under applicable laws
and regulations of the United States, the United Kingdom and other jurisdictions. It is the intention of Cummins to comply with these
laws, rules, and regulations. Any other provision of this Agreement to the contrary notwithstanding, Customer shall comply with all
such applicable all laws relating to the cross-border movement of goods or technology, and al! related orders in effect from time to
time, and equivalent measures. Customer shall act as the importer of record with respect to the Equipment and shail not resell,
export, re-export, distribute, transfer, or dispose of the Equipment or relaied technology, directly or indirectly, without first obtaining
all necessary written permits, consents, and authorizations and completing such formalities as may be required under such laws,
rules, and regulations, In addition, Cummins has in place policies not to distribute its products for use in certain countries based on
applicable laws and regulations including but not Hmited to UN, U.S., UK, and European Union regulations. Customer undertakes to
perform its obligations under this Agreement with due regard to these policies. Strict compliance with this provision and all laws of
the territory pertaining to the importation, distribution, sales, promotion and marketing of the Equipment is a material consideration
for Cummins entering into this Agreement with Custemer and continuing this Agreement for its term. Customer represents and
warrants that it has not and shall not, directly or through any intermediary, pay, give, promise to give or offer to give anything of
value to a government official or representative, a political party official, a candidate for political office, an officer or employee of a
public international organization or any other person, individual or entity at the suggestion, request or direction or for the benefit of
any of the above-described persons and entities for the purposes of inducing such person to use his influence to assist Cummins in
obtaining or retaining business or to benefit Curnmins or any other person in any way, and will not otherwise breach any applicable
laws relating to anti-bribery. Any failure by Customer to comply with these provisions will constitute a default giving Cummins the
right to immediate termination of this Agreement and/or the right to elect not to recognize the warranties associated with the
Equipment, Customer shall accept full responsibility for any and ail civil or criminal liabilities and costs arising from any breaches of
those laws and regulations and will defend, indemnify, and hold Cummins harmless from and against any and all fines, penalties,
claim, damages, liabilities, judgments, costs, fees, and expenses incurred by Cummins or its affiliates as a result of Customer's
breach.
To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(aj, 60-
300.5{a} and 60-741.5{a|, These regulations prohibit discrimination against qualified individuals based on their status as
protected veterans or individuals with disabilities and prohibit discrimination against all Individuals based on their race,
color, religion, sex, sexual otlentation, gender identity or national origin, Moreover, these regulations require that covered
prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without
regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability,
The employee uctice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by
reference inte this contract,
Cummins Sales & Service
914 Cromwell Ave
Rocky Hill, CT 06067
Phone: (860) 529-7474
Fax: (860) 629-7041
Proposal == KINSLEY
Quote Number Project Name Project Location Date
QUO-20810-F2D1Y COHANZIE FIRE HOUSE Waterford, CT 4/26/2023
From: Rich Cupitlo
Cell: 860-930-3479
Email: rcupillo@kinsleypower.com
Qty Bill of Material Summary
1 Kohler 60REOZK Generator
Output - GOkW, 75kVA, 120/208 Volt, Three Phase, 208amps, 60 Hz
Fuel Type - Diesel
Tank - 275 gailons / 48 hours
Enclosure — Sound Attenuated
Warranty - 5 Year Comprehensive
Estimated Leadtime - 55 Weeks, ARO
1 Installation Of Equipment
Installation of new 60 Kw Generator at the Cohanzie Fire House in Waterford ct.
includes the following
~ Required site work including concrete pad, trenching for conduits
- Wire and conduit to wire generator to existing transfer switch
- Removal of existing generator
- Re paving disturbed areas of parking fot
- Kinsley power systems to provide genset, startup, and emergency stop.
1 Distributor Start-Up
Start-up Service with Connected Load Test
Spec/Notes: » Fuel to fill tank to be provided by the town
* Permit fees, (These are to be billed with no markup upon final payment)
* Any unforeseen electrical issues, such as but nat limited to code compliance
issues existing in the building infrastructure that would prevent legal
installation of generator
* Any unforeseen buried items discovered during site work such as but not
limited to buried pipes, wires, tanks, Buried organic materials, ledge, rocks
over 24" in any one direction, Ect. Not marked out by CBYD
¢ ATS has been removed from the proposal and the existing ATS assumes to be
in working operation and equipment combatable. Cost for troubleshooting,
repair or replacement will be an additional cost.
Terms Retainage F.0.B, Mfg. Manuals
Net 30 or Prior to SU No Retainage Allowed Source 1
OFFER TOTAL SELL PRICE: $57,959.10
www.kinsley-group .com 800-255-3505
Proposal
KOHLER Awarded Contract: 092222-KOH KOHLER Contract Maturity Date: 11/22/2026
Sourcewell Member
Model List orice (Each) osiccount wee Total Price Qty.
a FOB Factory
GOREOZK $ 49,173.00 32 %1S 15,735.36 | $ 33,437.64 1
installation $ 19,947.56 5 %)$ 997,38; § 18,950.18 1
Freight/Startup $ 5,864.51 5 *{S$ 293.23 | $ 5,571.28 1
SHAS TIO
Quote is valid for 30 days. v4 4 ,
Kinsley Power Systems reserves the right to amend this price quote when equipment is released for production
without penalty or charge due to unprecedented price fluctuations in raw materials and components.
Price does not include state sales tax, or installation
Generator
Qty
Description
S0REOZK Generator