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HomeMy WebLinkAbout2019-122 20190435 Johnson Controls, Inc. GOODS & SERVICES AGREEMENT ($25,000.00 or less) PROVIDER: Johnson Controls Inc. C I T Y OF PROVIDER'S CONTACT: Michael Hernandez ASHLAND 20 East Main Street ADDRESS: 4011 SE International Way Suite 605 Ashland,Oregon 97520 Milwaukie, OR 97222-8826 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: (866) 635-1302 This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Johnson Controls, a domestic business corporation ("hereinafter"Provider"), for air conditioning unit for Wastewater Treatment Plant centrifuge. 1. PROVIDER'S OBLIGATIONS 1.1 Provide air conditioning unit for Wastewater Treatment Plant centrifuge as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder,a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 5: Agreement between the City of Ashland and Johnson Controls 1.3 Provider shall, at its own expense,maintain Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $21,127.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50%or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as "Exhibit A"predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$8,300.00 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$8,300.00 without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations,and representations between the parties, whether written or oral. Page 2 of 5: Agreement between the City of Ashland and Johnson Controls • 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS The following documents are,by this reference,expressly incorporated in this Agreement,and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written Proposal dated 03/07/2019. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. Page 3 of 5: Agreement between the City of Ashland and Johnson Controls 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until June 30, 2019, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—Public Works Department Attn: Dave Gies 20 E. Main Street Ashland, Oregon 97520 Phone: (541)488-5587 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541)488-5350 If to Provider: Johnson Controls Attn: Michael Hernandez 4011 SE International Way Suite 605 Milwaukie, OR 97222-8826 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: Page 4 of 5: Agreement between the City of Ashland and Johnson Controls (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: JOHNSON CONTRO 1'ROVIDER): By: By: ►i.. el" ignature 4/1011P Signature �accc.4- G w,-) olvy /Iv/VT Printed Name Printed Name N 2 SVCC /71,6;, A-6e-f . Title Title iwz/c.. 7-0iq x/03 Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. `2 rX06. Page 5 of 5: Agreement between the City of Ashland and Johnson Controls " de ' /0: , f Proposal JOHNSON CONTROLS PORTLAND MEDFORD OR CB- ON58 4011 SE INTERNATIONAL WAY STE 605 MILWAUKIE OR 97222-8826 PH: (866)635- 1302 FAX: (503)654- 1158 TO: CITY OF ASHLAND Date: 03/07/2019 20 EAST MAIN STREET Quote Ref: 1-130ADM15 ASHLAND OR Project Name: CENTRFUGE#2 VFD NC REPLACEMENT USA 97520 Site: CITY OF ASHLAND WASTE WATER TREATMENT PLANT 1295 OAK ST ASHLAND OR 97520-1058 ATTN: RON POLACH We propose to furnish the materials and/or perform the work below for the net price of: $8,300.00 For the above price this proposal includes: NC unit has an obsolete compressor and a leaking condenser. Proposal is to relace the NC with a new Ice Qube 12000 wall mount unit, which uses R-410a, swap out 480/230 VAC power transformer from old unit into new unit. This proposal DOES NOT include: 1. Labor or material not specifically described above is excluded from this proposal. 2. Unless otherwise stated, any and all overtime labor is excluded from this proposal. 3. Applicable taxes or special freight charges are excluded from this proposal. Important: This proposal incorporates by reference the Terms and Conditions attached This proposal is hereby accepted and Johnson Controls is authorized to proceed This proposal is valid through: 03/31/2019 with the work, subject to credit approval by Johnson Controls, Inc. Milwaukee, WI. This quote was prepared for your review by: Michael Hernandez CITY OF ASHLAND Johnson Controls Inc. Signature: Signature: Name: Name: Title: Title: Date: Date: PO: (IMPORTIA1VT) Tits proposal incorporates by reference the terms and conditions which am attached to this document.All work is to be performed Monday through Friday during normal JCI business hours unless otherwise noted. This proposal,or any accepted alternates,are hereby accepted and Johnson Controls is authorized to proceed with the work;subject,however,to credit approval by Johnson Controls, Inc.,Milwaukee, Wisconsin. 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. Disinfecting of chiller condenser and cooling tower water systems and components for biohazards, such as but not limited to Legionella, are excluded unless otherwise specifically stated in this agreement.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 dean 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 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 and shall not operate to compel JCI to perform any work relating to Hazards or Biohazards,such as but not limited to Legionella,without JCI's express written consent. 2.INVOICE AND 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 on-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 advance payment shall be credited against the final payment(but not any progress payment)due here in under and purchaser Johnson additional amounts invoiced upon receipt of the invoice.Waivers of lien will agrees to pay be furnished upon request,as the work progresses,to the extent payments are received.It 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 therefore. 4. EQUIPMENT WARRANTY.Johnson Controls, Inc. (JCI)warrants that equipment manufactured or labeled by Johnson Controls, Inc.shall be free from defects in material and workmanship arising from normal usage for a period of one year.Only if JCI installs or furnishes a piece of equipment under this Agreement, and that equipment is covered by a warranty from a manufacturer other than JCI, JCI will transfer the benefits of that manufacturer's warranty to Customer. All transportation charges incurred in connection with the warranty for equipment and/or materials not installed by JCI shall be borne by Customer.These warranties shall not extend to any equipment that has been abused, altered, misused or repaired by Customer or third parties without the supervision of and prior written approval of JCI,or if JCI serial numbers or warranty date decals have been removed or altered.Customer must promptly report any failure of the equipment to JCI in writing. 5. LABOR WARRANTY. Johnson Controls, Inc. (JCI)warrants its workmanship or that of its agents (Technicians) in relation to installation of equipment for a period of ninety(90)days from date of installation. Customer shall bear all labor costs associated with replacement of failed equipment still under JCI's equipment warranty or the original manufacturer's warranty, but outside the terms of this express labor warranty. All warranty labor shall be executed on normal business days during JCI normal business hours.These warranties do not extend to any equipment which has been repaired by others,abused,altered,or misused in any way, or which has not been properly and reasonably maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. UNDER NO CIRCUMSTANCES SHALL JCI BE UABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO ANY DEFECT IN MATERIAL OR WORKMANSHIP OF EQUIPMENT OR THE PERFORMANCE OF SERVICES. 6.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. 7.TAXES.The price of this proposal does not include duties,sales,use,excise,or other 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. 8.DELAYS.Johnson shall not be liable for any delay in the performance of the work resulting from or attributed to acts of circumstance 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. 9.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 a permanent nature shall be procured and paid for by the Purchaser. 10. PAYMENT. Customer shall pay all invoices when due in accordance with the payment terms provided for in the Agreement,and such payment is a condition precedent to Johnson Controls'obligation to provide products or perform services under the Agreement. In issuing any purchase order related to or arising out 01 this proposal and notwithstanding any language to the contrary therein, Customer acknowledges and agrees that any and all Johnson Controls invoices for an amount greater than$25,000 shall be paid via wire transfer,check or money order,and that Customer shall not make, nor will Johnson Controls accept,payment in excess of$25,000 in the form of a credit card,debit card,or other similar payment device. 11. DISPUTES.All disputes involving more than$15,000.00 shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The prevailing party shall recover all legal costs and attorneys fees incurred as a result.Nothing here shall limit any rights under construction lien laws. 12. 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. 13. INDEMNITY. The Parties hereto agree to indemnify each other from any and all liabilities, claims, expenses, losses or damages, including attorney's fees which may arise in connection with the execution of the work herein specified and which are caused,by the negligent act or omission of the indemnifying Party. 14. 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. 15. ENTIRE AGREEMENT.This proposal, upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior representations or understandings. 16.CHANGES. No change or modification of any of the terms and conditions stated herein shall be binding upon JCI unless accepted by JCI in writing. • A R°K CERTIFICATE OF LIABILITY INSURANCE DATE 4/16/2019 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER GONTACT NAME: Attn:Cert Center Marsh USA Inc. PHONE 866 966-4664 I FA (866) (212)212 948-5167 INC.No.Eat): (A/C,No): Suite East Wisconsin Avenue ADDRRESS: JCI.CertRequest@marsh.com Suite 1300 Milwaukee,WI 53202 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: OLD REPUBLIC INSURANCE CO 24147 INSURED INSURER B: Johnson Controls,Inc. INSURER C: Tyco International Holding S.a.r.l. SimplexGrinnell LP INSURER D: (see attached Acord 101) INSURER E: 5757 North Green Bay Avenue Milwaukee WI 53209 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WWD (MWDDIYYYY) (MM/DD/YYYY) A ®COMMERCIAL GENERAL LIABILITY MWZY 313947 10/01/2018 10/01/2019 EACH OCCURENCE $2,000,000 _ DAMAGE TO RENTED $2,000,000 CLAIMS MADE ®OCCUR PREMISES(Ea occurrence) ®CONTRACTUAL LIABILITY MED EXP(My one person) $50,000 PERSONAL&ADV INJURY $2,000,000 XCU Included GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG INC IN GEN AGG ®POLICY❑PROJECT ❑LOC --- ❑OTHER - AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A MWTB 313946(Excludes New Hemp) 10/01/2018 10/01/2019 (Ea Accident) $2,000,000 MANY AUTO BODILY INJURY(Per person) A MWTB 313949(Primary NH$250k) 10/01/2018 10/01/2019 ❑OWNED AUTOS ONLY BODILY INJURY(Per acddent) A MWZX 313950(Excess NH$1.75mm) 10/01/2018 10/01/2019 Li SCHEDULED AUTOS ONLY PROPERTY DAMAGE Excess NH Auto is follow form to (Per accident) ❑HIRED AUTOS ONLY ❑NON-OWNED AUTOS ONLY Primary NH Auto UMBRELLA LIAB ❑OCCUR EACH OCCURRENCE ❑EXCESS LIAB ❑CLAIMS-MADE AGGREGATE ❑DEC El RETENTION $ A WORKERS COMPENSATION MWC 313943 00(AOS-See Pg 2) 10/01/2018 10/01/2019 ®STATUTE El ERH AND EMPLOYERS'LIABILITY Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE © N/A MWXS 313944(OH&WA) 10/01/2018 10/01/2019 E.L.EACH ACCIDENT $2,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POUCY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) JCI/Tyco Contract Number: JCI/Tyco Project Name: Customer PO Number: CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland,Or 97520 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. by Ann Moody \l ACORD 25(2016/03) ©1988-2016 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD • AGENCY CUSTOMER ID: LOC#: ACCORD' ADDITIONAL REMARKS SCHEDULE Page 2 of 3 AGENCY NAMED INSURED Marsh USA Inc. Johnson Controls,Inc. POLICY NUMBER Tyco International Holding S.a.r.l. SimplexGrinnell LP 5757 North Green Bay Avenue CARRIER NAIC CODE Milwaukee,WI 53209 EFFECTIVE DATE: 10/01/2018 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25(2016/03) FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE WORKERS COMPENSATION: Workers Compensation"AOS"Policy includes coverage for employees from the following States WHILE WORKING IN ANY STATE:AK,AL,AR,AZ,CA,CO, CT,DC,DE,FL,GA,HI,IA,ID,IL,IN,KS,KY,LA,MA,MD,ME, MI,MN,MO,MS,MT,NC,NE,NH,NJ,NM,NV,NY,OK,OR,PA,RI,SC,SD,TN,TX, UT, VA,VT,WI,&WV. PRIMARY COVERAGE: The General Liability and Automobile Liability policies are primary and not excess of or contributing with other insurance or self-insurance,where required by written lease or written contract.For General Liability,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 certholder and any other person or organization,BUT ONLY to the extent required by written contract. ADDITIONAL INSURED—AUTOMOBILE LIABILITY: 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,if 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. SCHEDULE FOR POLICY ENDORSEMENTS A2 AND A2A Name of Additional Insured Person(s)or Organization(s): If required by contract,the person or organization listed on the certificate of insurance as additional insured,and each other person or organization required to be included as an additional insured pursuant to a contract with a named insured. Location(s)of Covered Operations: As required by contract. POLICY ENDORSEMENT A2 ADDITIONAL INSURED—OWNERS,LESSEES OR CONTRACTORS—NAMED INSURED'S ACTS OR OMISSIONS ONLY A. Section II—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 acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: The 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. POLICY ENDORSEMENT A2A ADDITIONAL INSURED—OWNERS,LESSEES OR CONTRACTORS—COMPLETED OPERATIONS—NAMED INSURED'S ACTS OR OMISSIONS ONLY Section II—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"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". ONGOING OPERATIONS AND COMPLETED OPERATIONS INSURANCE The General Liability Insurance includes insurance for ongoing operations and completed operations. LIMIT OF LIABILITY: The Liability Limit that applies is the amount indicated on the face of this Certificate of Liability Insurance,or the minimum Liability limit that is required by the written contract,whichever is less. If there is no contract then the Liability Limit is limited to$1,000,000. NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS: Should any of the above described policies be cancelled,other than for non-payment,before the expiration date thereof,30 days advice of cancellation will be delivered to certificate holders in accordance with the policy endorsements. • ACORD 101 (2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ACORD w,,,,.... ADDITIONAL REMARKS SCHEDULE Page 3 of 3 AGENCY NAMED INSURED Marsh USA Inc. Johnson Controls,Inc. POLICY NUMBER Tyco International Holding S.a.r.l. SimplexGrinnell LP 5757 North Green Bay Avenue CARRIER NAIC CODE Milwaukee,WI 53209 EFFECTIVE DATE: 10/01/2018 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25(2016/03) FORM TITLE CERTIFICATE OF LIABILITY INSURANCE NAMED INSURED: Insureds include:Air Distribution Technologies IP,LLC;Air System Components,Inc.;Carter Brothers,LLC;CEM Access Systems,Inc.;Central CPVC Corporation;Central Sprinkler LLC;Chemguard,Inc.;Connect 24 Wireless Communications Inc.;Digital Security Controls,Inc.;Eastern Sheet Metal, Inc.; Elpas,Inc.;Exacq Technologies,Inc.;FBN Transportation,Inc.;Grinnell LLC;Hart&Cooley Trucking Company;Hart&Cooley, Inc.;Haz-Tank Fabricators, Inc.;IMECO LLC;Integrated Systems and Power, Inc.;Interstate Battery System International, Inc.;Johnson Controls,Inc.;Johnson Controls(Suisse)SA; Johnson Controls Advanced Power Solutions,LLC;Johnson Controls Air Conditioning and Refrigeration,Inc.;Johnson Controls APS Production,Inc.; Johnson Controls Battery Group,Inc.;Johnson Controls Building Automation Systems,LLC;Johnson Controls Engineering,LLC;Johnson Controls Federal Systems,Inc.;Johnson Controls Federal SystemsNersar,LLC;Johnson Controls Fire Protection LP f/k/a SimplexGrinnell LP;Johnson Controls Government Systems LLC;Johnson Controls Navy Systems,LLC;Johnson Controls Security Solutions LLC f/k/a Tyco Integrated Security,LLC;Koch Filter Corporation; Master Protection,LP d/b/a FireMaster;Qolsys,Inc.;Retail Expert,Inc.;Ruskin Company;Ruskin Rooftop Systems, Inc.; Ruskin Service Company;Selkirk Corporation;Senelco Iberia,Inc.;Sensormatic Asia/Pacific, Inc.;Sensormatic Electronics(Puerto Rico)LLC;Sensormatic Electronics,LLC;Sensormatic International,Inc.;ShopperTrak International Investment LLC;ShopperTrak RCT Corporation;Shurjoint America,Inc.;SimplexGrinnell LP;Tyco Fire& Security LLC;Tyco Fire Products LP;Tyco International Holding S.a.r.I.;Visonic Inc.;WillFire HC,LLC;York International(SA),Inc.;York International Corporation;BC Liquidation,Inc.;Grinnell Fire Protection Solutions LLC;JCW HVAC Supply Center,LLC;Lau Holdings,LLC;Tyco Integrated Security LLC; and Tyco International Management Company,LLC ACORD 101 (2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Purchase Order • ,aft Fiscal Year 2019 Page: 1 of: 1 B City of Ashland r�L_2Kiii :z g1�relej�iwia,e nk„ I ATTN: Accounts Payable Purchase L 20 E. Main 20190435 Ashland, OR 97520 Order# T Phone: 541/552-2010 0 Email: payable @ashland.or.us V H C/O Wastwater Treatment Plant E JOHNSON CONTROLS, INC. I 1195 Oak Street N PO BOX 730068 p Ashland, OR 97520 O DALLAS, TX 75373-0068 Phone: 541/488-5348 T Fax: 541/552-2364 0 $ndl3F--.1§:-71:1111.1:1 !-]sl= � -E:�=1�=1='=Ei=I=€=ii�i;i=le�llalecl=I=j-- ----_==[[jiF_1=�—°��=t=j @=L==_ (425) 398-6900 David Gies - 3k_I.i �p 04/10/2019 567 FOB ASHLAND OR/NET30 _ City Accounts Payable Z- _,__- —�' _1f_.6' �B 1� Ei�=_°'-$MET a= = �_ A/C Unit WVVTP Centrifuge 1 Air conditioning unit for centrifuge VFD at VVVVTP 1 $8,300.0000 $8,300.00 Goods & Services Agreement($25,000.00 or less) Completion date: 06/30/2019 Project Account: GL SUMMARY *** * ********* 086100 -602400 $8,300.00 . By: .,� Date. /UL Authorized Signature 1 $8,300.00 • • FORM #3 I 11 g 9 G2 • e°' ChTY OF AS " LAN tl 52E i J @S�°�0O 1 / t, �� L' 6.- Date of request: S-.:P7— 9 G / Vendor Name `d o A nioin y in-fro7S Address,City,State,Zip Contact Name Telephone Number Email address 30WlR©Pie METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency ❑ Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached ❑ Written quote arproposal attached ,ircouncil approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal -ooperativeProcurement - Not exceeding$5,000 Date approved by Council. ❑ State of Oregon ❑ Direct Award (Attach copy of council communication) Contract# ❑ Verbal/Written quote(s)or proposal(s) 0..Request for Qualifications(Public Works) ❑ State of Washington • Intermediate Procurement Date approved by Council: Contract#_ GOODS&SERVICES (Attach copy of council communication) ❑ Other government agency contract Greater than$5,000 and less than$100,000 ❑ Sole Source - Agency j, (3)Written quotes and solicitation attached ❑Applicable Form(#5,6,7 or 8) Contract# PERSONAL SERVICES ❑Written quote or proposal attached Form Intergovernmental Agreement Greater than$5,000 and less than$75,000 ❑ Form#4, Personal Services>$5K&4751( Agency ❑Direct appointment not to exceed$35,000 ❑Annual cost to City does not exceed$25,000. 0(3)Written proposals/written solicitation ❑ Special Procurement Agreement approved by Legal and approved/signed by ❑Form#4,Personal Services>$5K&475K ❑ Form flg,Request proposal alt al City Administrator.AMC 2.50.070(4) ❑ Written quote or proposal attached Date approved by Council: ❑Annual cost to City exceeds$25,000,Council Valid until: (Date) approval required.(Attach copy of council communication) Deserru(ptioiii of SE�3 MES Total Cost t Ap Gp l,<�fioi✓:. o n i t t ten-it I -As., ii r.la i 3oc • Olen# Quantity Unfit tnescrii cation of liflATENUALS Unit Price Total Cost • a Per attached quotelproposal g®TA[ ® Expenditure must be charged to the aopropdate account numbers for the financials to reflect the actual expenditures accurately. Project Number — _ Account Number 69-6 /00 .4 a a 700 o Project ilium-ber — — — Account Number o ��pp Account(r�,�00 r , Pr*ye"'-.c B U ' — — — Account Number -IT Director In collaboration with department to approve all hardware and software purchases: By signing this requisition form,lcertifyIlia thee�ity's public contracting requirements have been satisfied 11'Director Date Suppot-Yes/No Employee: ( r`�i r ` Department Head: t ji _ ' Z9/5fL Zo r Department Manager/Supervisor: 1/� �R�� (Equal to orgreaterthan55,DDO) City Administrator: (Equal to or greater than$2 ,00o) F:rn-i3a, ^sr?t te•;forcurrerrtfiscalyear. 'Alp -1 t [ I t 40 Comments: mane Diec er-(Equal to or greater than$5,000) Date Form#3-Requisition