HomeMy WebLinkAboutR-2020-020 Service work by MHC Kenworth Regarding Fire Pumper #1 and Settlement Agreement with Cummins, Inc. RESOLUTION NO. R-2020-020
A RESOLUTION APPROVING SERVICE WORK BY MHC KENWORTH REGARDING
FIRE PUMPER #1, AND APPROVING A SETTLEMENT AGREEMENT WITH
CUMMINS INC.
WHEREAS,the City's Fire Pumper#1 needs an engine replacement; and
WHEREAS, Cummins Inc., the engine manufacturer, has offered to assist the City in the
amount of$9,000 in exchange for a settlement/release agreement; and
WHEREAS, MHC Kenworth estimates the total service work to be $28,934.85 (parts
and labor), and this amount includes the Cummins' assistance.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS:
THAT the Board of Aldermen finds and determines that it is in the best interest of the
City to approve MHC Kenworth's Service Estimate, attached hereto, in the amount of
$28,934.85, and to further approve the Settlement/Release Agreement with Cummins Inc.,
attached hereto, and to authorize the Mayor to sign the agreement on behalf of the City;
FURTHER THAT the Mayor, the City Administrator, and other appropriate City
officials are hereby authorized to take any and all actions as may be deemed necessary or
convenient to carry out and comply with the intent of this Resolution and to execute and deliver
for and on behalf of the City all certificates, instruments, agreements and other documents, as
may be necessary or convenient to perform all matters herein authorized.
PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside,
Missouri, the /-7�'day of 2020.
May Kathleen L. Rose
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SETTLEMENT/RELEASE AGREEMENT
CITY OF RIVERSIDE, MISSOURI (collectively,the"RELEASOR"), for the good and
valuable consideration of$9,000.00, the receipt of which is hereby acknowledged,releases and
discharges Cummins Inc. and its successors and related entities (including affiliates, parent and
subsidiary companies, distributors,partnerships or any other related entity), and its current and former
directors, agents, officers, employees, associates, accountants, attorneys, insurers, and representatives
(collectively the"RELEASEES"), of and from any and all past or present claims, demands, actions,
indebtedness, damages, costs, expenses, fees, suits, debts, sums of money, accounts, bonds, attorneys'
fees, defense fees and costs, of whatever kind or nature, whether accrued or unaccrued, contingent or
not contingent, known or unknown, relating in any way to high blowby involving an ISL CM2150
engine, ESN 73054010, in a fire truck.
This Release shall be binding upon, and shall inure to the benefit of,the heirs,executors, assigns,
successors in interest, insurers, agents, servants, and employees of the parties.
Releasor warrants and agrees that he/she has read this Release and is fully aware of its contents,
understands its terms, including the legal consequences thereof, and has entered into this Release
voluntarily and of his/her own accord and with a full opportunity to consult with legal counsel.
Releasor represents that he/she has not assigned or transferred,or purported to assign or transfer,
to any person, entity or party any respective claim, cost or cause of action he/she is releasing by this
Release and they are the sole parties in interest with respect to the subject matter(s) of this Release.
No promise,inducement,or agreement not expressed herein has been made to the Releasor. This
Release contains the entire agreement between the parties, and the terms of this Release are contractual
and not a mere recital.
Nothing in this Release shall be deemed to alter, amend,or modify the terms,rights, obligations,
or promises contained in the Cummins parts warranty (incorporated herein by reference), including but
not limited to the effective period of the Cummins parts warranty.
IN WITNESS WHEREOF, City has duly executed this Release as of the date set forth below:
Name Dated
MHC KENWORTH SERVICE
1245 N Corrington
Kansas City, MO 64120 ESTIMATE
816-483-7035
20
NAME: City of Riverside DATE 2/24/2020
ADDRESS:
LICENSE#
UNIT#. P1
FAX#: YEAR 2009
PHONE#: MAKE. PIERCE
MODEL Pumper
SERIAL# 4P1 CJ01 A3BA011483
INSURANCE CO.: MILEAGE 43294
INS. CO. PHONE# ENGINE MODEL: ISL
ADJUSTERS: ENGINE SERIAL# 73054010
TRANS. MODEL
TRANS. SERIAL#
REAR END MODEL.
REAR END SERIAL#
QUANTITY WORK TO BE DONE/PART DESCRIPTION LABOR PARTS PARTS SUBLET
REPAIR REPLACE COST EACH TOTAL
1 R&R Engine with Cummins Reman $4,630.50
1 Reman Engine $25,599.11 $25,599.11
1 1 Replace damper on reman engine $94.50 $444.56 $444.56
1 Swap Engine brakes from old engine to Reman $567.00
1 Calibration file to uprate hp $189.00 $600.00
1 Transfer Repto housing and gears to Reman $756.00
1 Parts needed to transfer Repto To Reman $200.77 $200.77
1 1 Transfer other misc. items exhaust manifold, $945.00 $329.67 $329.67
transfer pump,intake connection,intake manifold ,
Water inlet and water filter.
1 Reman turbo $3,219.64 $3,219.64
1 Cummins Assistance on replacement engine -$9,000.00 -$9,000.00
It is agreed and understood that the above is an estimate only based TOTAL LABOR $7.182.00
on visual inspection. Estimate is only good for 90 days. The total
estimate figure is subject to change or adjustment due to parts,price
changes,or incorrect part numbers,and labor is subject to
adjustment for any hidden damage or open items. Air freight will be
paid by the customer. TOTAL PARTS $20,793.75
All sales and repairs are cash unless prior arrangements have been MISCELLANEOUS 5% $359.10
made by the credit department. Payment is due and payable five
working days after completion of the job. FREIGHT
TOTAL SUBLET REPAIRS $600.00
ESTIMATED BY Leroy Lawson SALES TAX 1 8.35% NO TAX
ASSOCIATED REPAIR ORDER NUMBER: 310611 GRAND TOTAL $28,934.85