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HomeMy WebLinkAbout2013-066 Contract - Johnson Controls Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Johnson Controls -ASH LAND CONTACT: Thomas J. Brookins, Fire & Security Technician 20 East Main Street Ashland, Oregon 97520 ADDRESS: 588 Parsons Drive #B, Medford, OR 97501 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-727-1617 DATE AGREEMENT PREPARED: January 31, 2013 FAX: 541-245-3475 BEGINNING DATE: February 6, 2013 COMPLETION DATE: March 15, 2013 COMPENSATION: $3,333.00 per proposal attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: Contractor to provide and install new fire alarm system at the parking structure per proposal attached as Exhibit C. ADp~TIONALT~RMS:-roi~¢eiclc.{ hums;cod .>+4 n x % can c z C" ti 0-5 fker Ure-"Akr +V-0% s ' csd, :m lkLr~ +2 L NOW THEREFORE, pursuant to AMIC 2.50.090 and after consideration of the mutual cov Hants contained herein t CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279B.220, 2796.225, 2796.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $19,494 or more; Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, count or other sources is not obtained and continued at levels Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 1 of 5 I sufficient to allow for the purchase of the indicated quantity of services, ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. in. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract, or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employer provide Oregon workers' compensation coverage for all their subject workers b. General Liabili ance with a combined single limit, or the equivalent, of not less than Enter one. $200,000, $500,000, 1,000,00 y $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Propert Damage. It shall inclu a ractual liability coverage for the indemnity provided under this contract. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, 1,000,000 r Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owne , hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurers to Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 2 of 5 the City, e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is - required before any work may begin under this contract. 21. Certification. Contr for shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor: City of Ashland By 17d~ By • o Sig a u Departme 2, G. l 3 Mvrana~t( 2 Fia.,rkAF Print Name Print Name S &A-r cc ~ MA~H~~L 31aI Ira Title Date i W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. G - d as to fot1~ Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is s subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria/: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Cont actor (Date) Contr t for Goods and Services Less than $25,000, Revised 06/30/2012, Page 4 of 5 t 88 Parsons CONTROLS, INC. Johnson 5JOHNSON sons Dr. Suite "S" 7501 Con} 588 Par `~OIS Medford, -72 -1617 Phone 541-727-1617 Fax 541-245-3475 FIRE s SECURITY DIVISION PROPOSAL TO: Dale Peters DATE: 1-10-2013 City of Ashland PROJECT: Parking Structure Fire Alarm WE PROPOSE TO FURNISH THE MATERIALS AND/OR PERFORM THE WORK DESCRIBED BELOW FOR THE NET SUM OF: (Three Thousand Three Hundred Thirty Three $3,333.00) For the above price, we shall provide, Field Devices, Program and Test Devices: New Fire Alarm Panel Smoke Detector w/ Bases Chime Strobes Monitor Modules This proposal does not include: Permits and Permit Fees. Electrical wire and race ways/conduits and Labor to install said wiring and race ways/conduits. Parts not listed above, any additional parts required by AHJ, overtime hours, patching or painting walls, trenching or excavation, saw cutting or concrete. Tom ex l-e, - -KA-u kwr^t y. 4,d;1:,.s dm Ao F canRl(( w~t4)l, - L ~A-Sk ..d Gov}rzck For C~o«ls 15enr: ceS TERMS AND CONDITIONS By accepting this proposal, Purchaser agrees to be bound by the following terms and conditions: 1 SCOPE OF WORK. This proposal is based upon the use of straight time labor only. Plastering, patching and painting are excluded. "In-line" duct and piping devices, including, but not limited to, valves, dampers, humidifiers, wells, taps, flow meters, orifices. etc., if required hereunder to be furnished by Johnson, shall be distributed and installed by others under Johnson's supervision but at no additional cost to Johnson. Purchaser agrees to provide Johnson with required field utilities (electricity, toilets, drinking water, project hoist, elevator service, etc.) without charge. Johnson agrees to keep the job site clean of debris arising out of its own operations. Purchaser shall not back charge Johnson for any costs or expenses without Johnson's written consent. Unless specifically noted in the statement of the scope of work or services undertaken by JCI under this agreement, JCI's obligations under this agreement expressly exclude any work or service of any nature associated or connected with the identification. abatement, clean up, control, removal, or disposal of environment Hazards or dangerous substances, to include but not be limited to asbestos or PCBs, discovered in or on the premises. Any language or provision of the agreement elsewhere contained which may authorize or empower the Purchaser to change, modify, or alter the scope of work or services to be performed by JCI shall not operate to compel JCI to perform any work relating to Hazards without JCI's express written consent. 2. NVOICING & PAYMENTS. Johnson may invoice Purchaser monthly for all materials delivered to the job site or to an off-site storage facility and for all work performed ftn-site and off-site. Purchaser shall pay Johnson at the time purchaser signs this agreement an advance payment equal to 10% of the contract price, which agvance payment shall be credited against the final payment (but not any progress payment) due hereunder and purchaser agrees to pay Johnson additional amounts invoiced upon receipt of the invoice. Waivers of lien will be furnished upon request, as the work progresses, to the extent payments are received. If Johnson's invoice is not paid within 30 days of its issuance, it is delinquent. 3. MATERIALS. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control and without the fault of Johnson, then in the case of such temporary unavailability, the time for performance of the work shall be extended to the extent thereof, and in the case of permanent unavailability, Johnson shall (a) be excused from furnishing said materials or equipment, and (b) be reimbursed for the difference between the cost of the materials or equipment permanently unavailable and the cost of a reasonably available substitute therefor. 4. WARRANTY. Johnson warrants that the equipment manufactured by it shall be free from defects in material and workmanship arising from normal usage for a period of one (1) year from delivery of said equipment, or if installed by Johnson. for a period of one If ) year from installation. Johnson warrants that for equipment furnished and or installed but not manufactured by Johnson, Johnson will extend the same warranty terms and conditions which Johnson receives from the manufacturer of said equipment, For equipment installed by Johnson, if Purchaser provides written notice to Johnson of any such defect within thirty (30) days after the appearance or discovery of such defect, Johnson shall, at its option, repair or replace the defective equipment. For equipment not installed by Johnson, if Purchaser returns the defective equipment to Johnson within thirty (30) days after appearance or discovery of such defect, Johnson shall, at its option. repair or replace the defective equipment and return said equipment to Purchaser. All transportation charges incurred in connection with the warranty for equipment not installed by Johnson shall be borne by Purchaser. These warranties do not extend to any equipment which has been repaired by others, abused, altered or misused, or which has not been properly and reasonably maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES. EXPRESS OR IMPLIED. INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. 5. LIABILITY. Johnson shall not be liable for any special, indirect or consequential damages arising in any manner from the equipment or material furnished or the work performed pursuant to this agreement. 6. TAXES. The price of this proposal does not include duties, sales. use, excise, or other similar taxes, unless required by federal, state or local law. Purchaser shall pay. in addition to the stated price, all taxes not legally required to be paid by Johnson or, alternatively, shall provide Johnson with acceptable tax exemption certificates. Johnson shall provide Purchaser with any tax payment certificate upon request and after completion and acceptance of the work. 7. DELAYS. Johnson shall not be liable for any delay in the performance of the work resulting from or attributed to acts or circumstances beyond Johnson s control, including. but not limited to, acts of God, fire, riots, labor disputes, conditions of the premises, acts or omissions of the Purchaser, Owner. or other Contractors or delays caused by suppliers or subcontractors of Johnson, etc. 8. COMPLIANCE WITH LAWS. Johnson shall comply with all applicable federal, state and local laws and regulations and shall obtain all temporary licenses and permits required for the prosecution of the work. Licenses and permits of a permanent nature shall be procured and paid for by the Purchaser. 9. DISPUTES. All disputes involving more than $15,000 shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The prevailing party shall recover all legal costs and attorney's fees incurred as a result. Nothing here shall limit any rights under construction lien laws. 1 O. INSURANCE. Insurance coverage in excess of Johnson's standard limits will be furnished when requested and required. No credit will be given or premium paid by Johnson for insurance afforded by others. 11. INDEMNITY. The Parties hereto agree to indemnify each other from any and all liabilities, claims, expenses, losses or damages, including attorneys fees, which may arise in connection with the execution of the work herein specified and which are caused, in whole or in part by the negligent act or omission of the Indemnifying Parry. 1 2. OCCUPATIONAL SAFETY AND HEALTH. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act relating in any way to the project or project site. 13. ENTIRE AGREEMENT. This proposal, upon acceptance. shall constitute the entire agreement between the parties DCL D4-1 14. CHANGES. No change or modification of any of the terms and conditions stated herein shall be binding upon Johnson unless accepted by Johnson in writing. -q - This proposal is hereby accepted and This Proposal is valid until: 2-10-13 Johnson Controls is authorized to proceed with the work; subject, however, to credit approval by Johnson Controls, Inc., Milwaukee, Wisconsin. Approved PO Number RO LS, INC. Purchaser Peters Dale Peters JOHNIf-, City of Ashland Signature Sig to e Name: Nam : Thelrras7 t3rwlctrl5 j6l /o 47 rJpJr3 Title. Title: Fire & Secu4ty Technician 2 Date. Date: 1-10-2013 Form 975-A (Rev. 2.92) HftHome%Common%Forms%Proposal CA vad as to forth 5/2013 °ATE CERTIFICATE OF LIABILITY INSURANCE 03/05/2013 nol3 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Marsh USA Inc. NAME: 411 E. Wisconsin Avenue PHONE AX No LAIC, No Ext' INC, Suite 1300 EWAIL Milwaukee, Wl 53202 ADDRESS: Attn: JCI.Cenrequest@rnarsh.com INSURE 5 AFFORDING COVERAGE NAICN 011077-CAS-12-13' 12-13 INSURER A : Old Republic Insurance Co 24147 INSURED INSURER B: Sentry Insurance A Mutual Co 24988 Johnson Controls, Inc. York International Corporation INSURER C : Indemnity Insurance Company Of North Amenca 43575 -Attn: Corp. Risk Mgmt. X-92 INSURER D: ACE American Insurance Company 22667 P.O. Box 591 MIIWaukee, WI 53201 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CHI-004640217-02 REVISION NUMBER:2 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. INSR rypE OF INSURANCE ADEL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MMIDDIYYYY MM/DDIYYYY LIMITS INSR MID A GENERAL LIABILITY MWZY59837 10,/01/2012 10,01013 EACH OCCURRENCE $ 10,000,000 X COMMERCIAL GENERAL LIABILITY DAEMMA RENTED 10,000,000 PRISESEa RENTED nce $ CLAIMS-MADE 1XI OCCUR MED EXP (An we person) $ 50,000 X Contractual Liability PERSONAL B ADV INJURY $ 10,000,000 X XCU Included GENERAL AGGREGATE $ 30,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ INC IN GEN AGG X POLICY PRO- LOD $ B AUTOMOBILE LIABILITY 90-04606-01 10101/2012 10101013 COMBINED SINGLE LIMIT 5,000,000 Ea accident B X ANY AUTO 90-04606-02(MA) 10101/2012 10101013 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X X NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident b UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED RETENTIONS $ C WORKERS COMPENSATION WLRC47124335 (ADS - Sea page 2) 101010012 10/01/2013 :LEACH STATUS OTH-TORY t IMIT FIR AND EMPLOYERS' LIABILITY D ANV PROPRIETOR/PARTNEWEXEOUTIVE YIN WLRC47124347 (GA, AZ, MA) 101010012 10101/2013 $,999,989 D OFFICER/MEMBER EXCLUDED? NIA SCFC47124360 (WI) 10101/2012 10/0112013 ELEACH ACCIDENT $ 5,000,000 (Mandatory In NH) E L. DISEASE - EA EMPLOYE $ D If yes descrite under WCUC47124372(Excess WC - OH, WA) 101010012 10101/2013 5,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addltlonal Remarks Schedule, If more apace Is required) The City of Ashland, Oregon and its elected officals, officers and employees are included as additional insured per the attached. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 East Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland, OR 97502 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee ~Kauoof.: ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 011077 _ LOC Milwaukee ACC>R& ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc. Johnson Controls, Inc. York International Corporation POLICY NUMBER Attn: Corp. Risk Mgml. %-92 P.O. Box 591 Milwaukee, Mill 53201 CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance WORKERS COMPENSATION Workers Gompensation'AOS' Policy includes coverage for the following states AK, AL, AR, CO, CT, DC, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MD, ME, MI, MN, MO, MS, MT, NC, NE, NH, NJ, NM, NV, NY, OK, OR, PA, Rl, SC, SO, TN, T%, UT, VA, VT, WV PRIMARYCOVERAGE The General Liability and Automobile Liability policies are primary and not excess of or contdbutklg with other insurance or sell-insurance, where required by written lease or written contact For General UaWlity, this applies to both ongoing and completed operations. WAIVER OF SUBROGATION The General Liability, Automobile Liability, Workers Compensation and Employers Liability policies include a waiver of subrogation in favor of the certificate holder and additional insureds to the extent required by written contract ADDITIONAL INSURED-AUTOMOBILE LIABIUTY The Automobile Liability policy, if required by written contract, includes coverage for Additional Insureds as required by such written contract. ADDITIONAL INSURED - GENERAL LIABILITY For General Liability, 0 required by written contract, the following are included as additional insureds, as required pursuant to a written contract with a named insured, per attached Policy Endorsements A2 and A2A: THE CERTIFICATE HOLDER LISTED ON THIS CERTIFICATE OF LIABILITY INSURANCE, AND EACH OTHER PERSON OR ORGANIZATION REQUIRED TO BE INCLUDED AS AN ADDITIONAL INSURED PURSUANT TO A WRITTEN CONTRACT WITH THE NAMED INSURED, ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD t r IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - ENDORSEMENT A2 Named Insured Endorsement Number Johnson Controls. Inc. Policy Prefix Policy Number Policy Period Effective Date of Endorsement MWZY 59837 1001!2012 to 10101/2013 Issued By Old Republic insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organkatlon(s): It regWmd by contract, the person a organlmtion listed on the cer85cete of Insurance as sOllonel Insured, and each other person or oVardrmlon required to be lmduded as an aftilonal Insured pursuant to a comrad with a named btstaed. Locatlon(s) Of Covered Operations: As required by contract. l Information required to complete this Schedule, If not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured is amended to Include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily Injury', "property damage' or "personal and advertising Injury" caused solely by. 1. Your ads or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insureds) at the location(s) designated above. B. With respect to the Insurance afforded to these additional Insureds, the following additional exclusions apply. This Insurance does not apply to 'bodily Injury" or "Property damage' occurring after. 1. All work, Including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the Injury or damage arises has been put to Its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. GL 289 ODt 1012 MWZY 59837 Johnson Controls, Ina 1"M2. 101=13 P IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - ENDORSEMENT A2A Named Insured Endorsement Number Johnson Controls, Inc. Policy Prefix Polley Number Policy Period Effective Date of Endorsement Mwzy 59937 10101/2012 to 10101/2019 Issued By Old Republic Insurance Compmry THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzatlon(s): If required by conhecl, the pemon or organization Bated on the certificate of Insurance as additional Insured, and each other person or orgardration required to be InctAod as an addObnal insured pureuam to a contract vAth a named Inswed. Location And Description Of Completed Operations: As required by warms. Information required to complete this Schedule, If not shown above, will be shown In the Declarations. Section II - Who Is An Insured Is amended to Include as an additional insured the person(s) or organlzatlon(s) shown In the Schedule, but only with respect to liability for "bodily In)uW or "property damage" caused solely by your work" at the location designated and described In the Schedule of this endorsement performed for that additional Insured and Included in the -products-completed operations hazard". GL 289 0021012 MMY599" Johnson Controts, Inc. 10Por/2012-!091/2013 Page 1 / 1 CITY REC IDEER P. CITY OF DATE PO NUMBER ASHLAND 20 E MAIN ST. 3/25/2013 11502 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 007197 SHIP TO: Ashland Building Maintenance JOHNSON CONTROLS, INC. (541) 488-5358 PO BOX 730068 90 N MOUNTAIN AVENUE DALLAS, TX 75373-0068 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net 30 days Dept.: Req. Del. Date: - Contact: Dale Peters Special Inst: Confirming? No _ diuanti Unit Description Unit Price Ext. Price Provide and install new fire alarm 3,333.00 system at the parkinq structure per attached contract and proposal. Contract for Goods & Services Beqinninq date: February 6, 2013 Completion date: March 15, 2013 Insurance required/On file SUBTOTAL 3,333.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 3,333.00 ASHLAND, OR 97520 Account Number . - Project Number 'Amount Account Number Project Number - Amount E 410.08.24.00.70420 E 000001.999 3,333.00 Aut onzed Signature VENDORCOPV FORM #3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: 22 JAN 13 Required date for delivery: 30 FEB 13 Vendor Name inljm-nN CONTRni .c Address, City, State, Zip 588 PARSONS nR SI IITF R Contact Name & Telephone Number Fax Number MEDFORD. OR 97,901 5417271617 FAX 5412453475 TOM BROOKINS SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Data approved by Council: ❑ Written quote or proposal attached ❑ Written uote or proposal attached Small Procurement Cooperative Procurement ess than $5,000 ❑ Request for Proposal (Copies on file) ❑ Stale of Oregon ❑ Direct Award Date approved by Council: Contract # 19 Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or. proposal attached Agency ❑ (3) Written quotes allached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5.000 to $75.000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals attached Dale approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost NSTn~c..~. /9~fI~VIDnE ~i-~.r~vv.E~Vt' tJEW FIP~ rqr-r4Rn'+ Sys + (arrl AS Seec:i ~ S~ t no ~rtC~oSr9~ S£Q SR.9TE S~talCtsspwe~ .~tiv C' J S S>! a=., . $ 3333.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quote/proposal g Project Numbers L - Account Number 410.08.24.00.704200 i Account Number Account Number - - 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: ITOirector Date Support-Yes/No By signing this re uisition form, 1 certify that the City's public contracting requirements have been satisfied. Employee Signature: Department Head Signature: (Equal to or greater than , Additional signatures (if applicable): Funds appropriated for current fiscal year YES / NO Finance Director- (Equal to orgreaterthan $5,000) Date Comments: Form #3 - Requisition