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HomeMy WebLinkAbout2022-138 PO 20230109- Otis Elevator Company Purchase Order ,aft CITY RECORDER Fiscal Year 2023 Page: 1 of: 1 B City of Ashland L I ATTN:Accounts Payable20 E. Main Purchase 'Ashland, OR 97520 Order# 0230109 T Phone: 541/552-2010 0 Email: payable@ashland.or.us V H C/O Fire and Rescue Department E OTIS ELEVATOR COMPANY I 455 Siskiyou Blvd N PO BOX 73579 , p Ashland, OR 97520 O CHICAGO, IL 60673 Phone: 541/482-2770 R, O Fax: 541/488-5318 el e 2. a 41-66, = s k-£rte:. __ — (503)639-7045Marshall Rasor _ irg e e � < = L a L.,47.5.;71!c iE 1L D._003 08/19/2022 612 FOB ASHLAND OR/NET30 Cit Accounts Pa able Repairs to elevator Fire St#1 1 Replace elevator pump and motor at Fire Station#1 1.0 $14,047.18 $14,047.18 Goods and Services Agreement(Less than $35,000) Completion date: November 4, 2022 `• Project Account: Project Account: \ *************** GL SUMMARY*************** . 071200-602220 $7,023.59 088400-602400 $7,023.59 • • • By: , lilA Date: _4 _ = Aut •ri•-" l3 nat e ¢r - .14 047.18 ' FORM #3 ' CITY OF A request for a Purchase Ordv 0 ( ® AS H LAN D REQUISITION / Date of request: 08115/2022 Required date for delivery: 09/15/2022 Vendor Name OTIS Address,City,State,Zip 7216 SW.Durham Rd Ste 900 Portland,OR 97224 Contact Name&Telephone Number Cassandra Brown 1-224-254-5337 Email address Cassandra.Brown@otis.com SOURCING METHOD ❑ Exempt from Competitive Bidding 0 Invitation to Bid ❑ Emergency ❑ Reason for exemption: Date approved by Council: 0 Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) 0 Written quote or proposal attached ❑ Written quote or proposal attached -_(If council approval required,attach copy of CC) ❑ Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written bid(s)or proposal(s) 0 Request for Qualifications(Public Works) 0 State of Washington Date approved by Council: Contract# _(Attach copy of council communication) 0 Other government agency contract Intermediate Procurement ID Sole Source Agency GOODS&SERVICES ❑■ Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 ❑■ Written quote or proposal attached Intergovernmental Agreement ' ❑ (3)Written bids&solicitation attached 0 Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: (Date) Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment ❑ Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached 0 Form#9,Request for Approval 0 Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K 0 Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council_ Valid until: (Date) Description of SERVICES Replace pump and motor is elevator at Fire Station 1 • TOTAL COST $ 14,047'1`8 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 1 Repair to station 1 (Half of total will come from Fire)Ulft ) p 7023.59 1 Repair to station 1 (Half of total will come from Public Works) CO) 7023.59 ❑■ Per attached quotelproposal TOTAL COST '$ , 118 Project Number _ _ -4k Account Number 0 1 2 0 0.6 0 2 2 2 0 404T. T• Account Number - -'.Account Number o 8 4"4 0 0. 6 0 2 4 0 0 "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: IT Director DSte Support-Yes/No By signing this requisition form,I certify th he City's pu ' ontracting requirements have been satisfied. Employee: l �� Department Head: �c 44 (Equal to or greater than$5,000) Department Manager/Supervisor: City Manager: � (Greater than , !11 Funds appropriated for current fiscal year: YES /VIVO) a i �L// Financ D rec or-( ual to orgreaterthan$5,000) Date Comments: Form#3-Requisition FORM #5 CITY OF ASHLAND SONEIS01URTCE4INVERMINIATIONV al'.4° aims*" a;I mos ono ►srl I DISEMICESI Less than S11�D�OTO To: Joseph Lessard City Manager From: Ralph Sartain-Fire Chief Date: August 15, 2022 Re: Sole Source Determination and Written Findings for Goods and Services In accordance with AMC 2.50.090(F),the Department Head shall determine in writing that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract: $14,047.18 Project name: Elevator Repair Station 1 Description of goods and services: Replacement of Motor and pump for elevator Background: Ashland Fire &Rescue is preparing to repair the only ADA accessible elevator at Fire Station 1. It's the Agency's intent to have said repairs completed by September 301,2022. This sole source justification applies to the repairs is per existing contract that the City of Ashland Holds with OTIS and stipulation in the contract states ALTERATIONS You will not allow others to make alterations,additions, adjustments, or repairs to the equipment. Form#5-Sole Source—Goods and Services—Less than$100,000,Page 1 of 2,8115/2022 Findings: [The findings below must include information supporting the determination J. Market Research Overall finding: Elevator is 20 years old, and out of service currently. Service call determined that the pump and motor have failed . [In accordance with ORS 279B.075, these are the examples of findings that should be addressed Select at least one of the findings and prepare the determination as it specifically relates to the goods or services being procured. More than one finding can be addressed The findings are as follows.j Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. N/A Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. N/A Pursuant to ORS 279B.075 (2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project.N/A Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. Current service contract prohibits City of Ashland from utilizing another vender from making any repairs or services. Form#5-Sole Source—Goods and Services—Less than$100,000,Page 2 of 2,8/15/2022 GOODS AND SERVICES AGREEMENT (LESS THAN $35,000) PROVIDER: Otis Elevator Company • CITY OF PROVIDER'S CONTACT; Cassandra Brown �S H LAN D Account Manager 20 East Main Street • Ashland,Oregon 97520 ADDRESS: 7216 SW Durham Road, Suite 900 Telephone: 541/488-5587 Portland,OR 97224 Fax: 541/488-6006 PHONE: 224-254-5337 EMAIL: Cassandra.Brown@otis.com This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and Otis Elevator Company,(a foreign business corporation)("hereinafter"Provider"),for repairs to elevator at Fire Station#1. 1. PROVIDER'S OBLIGATIONS 1.1 Provide repairs to elevator located at Fire Station #1 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;and • Workers' Compensation. 1.2.2 Each policy of such insurance shall be on an"occurrence" and not a "claims made" form, and shall: • Nameas 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 Page 1 of 5: Goods and Services Agreement between the City of Ashland and Otis Elevator Company • • 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. 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 biddin. 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 $24,050.68 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 perforins 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as"Exhibit A"predominantly in areas where it will be seen by all employees. 1.7 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attemptedassignment or subcontract without written consent of the City shall be void. Provider 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 the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$14,047.18(fourteen thousand forty-seven dollars and eighteen cents) 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$14,047.18 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. • Page 2 of 5: Goods and Services Agreement between the City of Ashland and Otis Elevator Company 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, andretirement. 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. 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. 3.11 Deliveries will be F.O.B destination.Provider shall pay all transportation and handling charges for the Goods.Provider is responsible and.liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects,fraud, and warranties. 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this • Page 3 of 5: Goods and Services Agreement between the City of Ashland and Otis Elevator Company Agreement in whole or-in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code,ORS Chapter 72(UCC). 3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture. Provider shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS 4.1 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: Otis Service and Repair Order Number: cpb220620113807, dated 08/10/2022, attached as EXHIBIT B. 4.2 This Agreement and the , SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order listed in Article 4.1. • 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. 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 November 4,2022,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. Page 4 of 5: Goods and Services Agreement between the City of Ashland and Otis Elevator Company 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 Fire Station#1 Attn: Marshall Rasor • 455 Siskiyou Blvd. Ashland,Oregon 97520 -.Phone: (541)488-5318 With a copy to: • City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541)488-5350 If to Provider: . Otis Elevator Company Attn: Cassandra Brown 7216 SW Durham Road, Suite 900 Portland, OR 97224 Phone:224-254-5337 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: (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. Page 5 of 5: Goods and Services Agreement between the City of Ashland and Otis Elevator Company • • 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 theirduly authorized representatives as of the dates set forth below. . CITY OF ASHLAND: OTIS ELEVATOR COMPANY): • By: /�z i �Sa.L ,iz as By: �.e� Signature Signature • Ralph E. Sartain II Melody Rogers Printed Name Printed Name • General Manager, Portland Fire Chief • Title Title 19 Aug 2022 8/19/22 •• • Date Date (�9 is to be submitted with this signed Agreement) • /d27 Purchase Order No. • • • • • Page 6 of 5: Goods and Services Agreement between the City of Ashland and Otis Elevator Company EXHIBIT A CITY OF ASHLAND, OREGON City of Ashland LIVING All employers described WAG E below must comply with City of Ashland laws regulating payment of a living wage. $17,0 per hour, effective June_3012022, The.Living Wagrift .e is adjusted annually every .June 30.by the:Consumer Price Index.::: Employees must be paid a portion of the business of of health care,retirement, living wade: their employer,if the 401K,and IRS eligible employer has len or more cafeteria plans(mcluding employees,and has received childcare)benefits to the For ail hours worked under a financial assistance for the employee's dmount of wages. service contract between their project or business from the employer and the City of City of Ashland over ',k Note: For temporary and Ashland if the contract $'14,050.68; pate time employees,the exceeds$24,050.68 or more. Living Wage does not apply ' If their employer is the City of to the first 1040 hours worked > For all hours worked in a Ashland,including the Parks in any calendar year. For month,if the employee and Recreation Department. more details,please see spends 50%or more of the 'sem kmicipal Code employee's time in that month In calculating the living wage, Section 3.12.020. working on a project or employers may add the value For additional information: Call the Ashland City Manager's office at 541-488.6002 or write to the City Manager, City Rall,20 East Main Street,Ashland,OR 97520,or visit the City's website at ww,v.ashland.or.us. Notice to Employers: This notice must be posted in areas where it can be seen by all employees. • CITY Or ASHLAND Page 7 of 5: Goods and Services Agreement between the City of Ashland and Otis Elevator Company OTIS Exhibit B Made to move you DATE: 08/10/2022 TO: FROM: ASHLAND FIRE STATION Otis Elevator Company 455 Siskiyou Blvd. 7216 SW Durham Rd.Ste.900 Ashland,OR 975202135 • Portland,OR 97224 EQUIPMENT LOCATION: ASHLAND FIRE STATION Cassandra Brown 455 Siskiyou Blvd Phone:(224)254-5337 �.. Ashland,OR 97520 Fax: CD PROPOSAL NUMBER: cpb2206201 13807 MACHINE NUMBER(S): 468322 CUSTOMER DESIGNATION(S):ONLY ELV*ADA* MS PUMP&MOTOR(NEW) The existing pump and motor will be replaced with a new pump and motor.The pump and motor are submerged and are mounted to the tank with rubber isolators to reduce vibration and noise. The exisitng valve and hydraulic oil will be retained.Material provided shall be manufactured and installed in accordance C- with the ASME A17.1 Safety Code for Elevators and Escalators. The customer will be responsible for paying local inspection fees if applicable. An Otis Representative will contact you to schedule the work.All work will be performed during regular working days and hours of the Elevator Trade unless otherwise specified above. PRICE: $14,047.18 Fourteen thousand forty-seven dollars and eighteen cents This price is based on a one hundred percent(100 %)payment in the amount of$14,047.18 upon completion of work. PAYMCNTTERMS: • The base proposal price is subject to 100%payment immediately upon completion of work,net 30 days. COtis Elevator Company,2011 All Rights Reserved LINX Fenn 421(04/01/12)Proposal#:cpb220620113807 Page I of 3 INVOICEDELIVERY The standard method of invoice delivery is via email.Please provide your email address in the customer signature block below.Exceptions for traditional mail delivery may be accommodated by notifying your account manager This proposal, including the provisions printed on the last page(s),and the specifications and other provisions attached hereto shall,when accepted by youbelow and approved by our authorized representative,constitute the entire contract between us,and all prior representations or agreements not incorporated herein are superseded. /'ti Submitted by: Cassandra Brown —' Title: Account Manager Ci) E-mail: Cassandra,Brown@otis.com Cn Accepted in Duplicate CD Customer Otis Elevator Company -' Approved by Authorized Representative Approved by Authorized Representative • Date: Date: • 4 —,. Q) Signed: Signed ✓! Print Name: P'nt re e" ody Rogers � �D Title - itle Senior Manager,Strategic Accounts Email; / 1NMI III Porlfirfri Email address fol t/ ,/ 1/c/ 4L /..672 . /' 4 ®r. o Q u Delivery invoice via stitdard mail Name of Company o Principal,Owner or Autho' ' Representative of Principal or Omer ❑Agent: •e of Principal or Owner) i COtis Elevator Company,2011 All Rights Reserved LiN)C Form 421(0Q/01/12)Proposal#;cpb220620113807 Page 2 of 3 • • TERMS AM)CONDITIONS I.The work shall be perforated forth agreed prfcephu any applicable sale,escheat rialto taxon required by by. 1.teed6Uontotheagreedprim.yeashallpaytousanykmeapplicableLuImposedonusoarsoppUersoryoulae meetimwiththepMotmmaoflMwokdesrn3ed • 3.This quotation is subject tochange essshhdmwalby usprior te aaepuao. 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CD 9.Any material mauoedby us in Uoperfomemeof thowmt doll hansom property. 10.Our performance Iscgndidonedapenyoursecuring any requited t vmmentalappmtalsforthotmtallattmsofaryeQuipmentprosidedheieunderandyourprosidioscornokmeocrflhadegaateelMdcal power aocorlW w nhho a.*Place *dish**"IA wdwotewrigdlsa tn the ntontimeoutwok In lfebuildingsche rlaouropinionmeddngconditlmaomomails IfosenimoaorkismotwUy agreed man nod performed,an additional dome thereof,almum]roles for archon;shell beaddodtodocontract price.Thapeitammo ofout wokWender IscWONUmudon3otupMotonsthmenders Mk and -• suppyigg the macaw dao specified on the front MIN!.proposal or Mtn attachedspedttmttme Wares Should fro beroqulied to nabs anumber/Med mtmn toyoorebo tobegkorconpin theNmkdue toyow requeest,atsoromissions.theasuchhinncihitsshellbeaab)ecttoadditiomiclarge doarcmmalaborrates. I1.WesIaUrelmleasecudoyTatemstlaalmanielfamishedhereunderarolnotpidforinfolL You agree that acopyertfltaAgreement my boesedaseMooches slaUmerdfor the tmiposc0rPlashngnon P lana record our lmerestln any material furnished hereunder,cued yea agree to mode UCC-I form army other document reasonaby sequested by us forint p+lmose. 12,Except insofar as you equipment mW bo coveted by an Otis mdntentmco orsenicemem.his'Mod that TO MU mire no esemlmlionofyou/equipment Mixt than UM recency bode the ookdescribed in A) ids coverlet end assume mresponsibility fetany part ofyour equipment exceptWuupon rMchwode bas been donounder Udsoovemd. 13.Milos you nonce shall be liable to lb0other party hereto forty top,damagoordelay due to aoy move beyond your orometworablocomml,irclodirtp but notllmitedto,sets ofge gnimom,Oniceo,toeholds, fire,medals then,floods.riot,civil eomoetbi a ver,maUdousat0Meforector,otutofGod;waded.bowner,that,steaidtossofordamagetovormaxdrl°ri komeosMoshe,yesshillcompena.toos Uweforamlesssuehlossor damage remits from curates or amnions. 11.We domlagreetortuousnamaiymbearthecodofmpatrsorreplacemxWsduotosaida1lsosaimsmieoso,neglect,nomad nuandtea,modificationsoaspedomcdbyus,improperottmdRdemmaintenance by others,ort o•cause beyond oar monk 15.We shall conduct.atooroenespense.the collar defonofany chin>.taltoraakaallegingWst.wiikostMahercotenaUon,the=byyenofany!sidemenpo ltledMmuaderdirectlytmdngesany pent,but oayonthocoiOtloosodal(e)we receiseprompl written mem ofuodidalm,Sailor action rod NU axonal).Maumeetbo sole defense thereot endndlgg settlement and appeals,atria lafomatlonm to you for such detense;(b)said equipment's msdoamordiag to a specification or deep furnished by os•.and(a)Uro chin,malt or%toots Nought agatmtyau Provided al(Ado fategeleS=Mhos blobs=mN,ne bil,mOng ann uregxwst• •addesddclalm,so11oraclloeorshall pay ell riarragz;esdudingspecial,conaegseuiatdamages(INCLUDING DAMAGES FOR LOSS OFPROFr1S,DAMAGFSTOANY CO.14PDfE1. DEVICE.OR SYSTEM LOSS OFDATA,GOODWILL,USE OROMER LOSSES),trdlroctdaosages puniUsvdaonge,and mous awarded by demes therein and,If theirs ormalo of each equipment is Godly enjoloed,oo doll al gumption,(fi procure forum the thins*of the equirnmal,(n)replace the equipment wIth equnletanonhridegIng ardent (M)modify the equipmene so it becomes sontofringing equivalent,or(h)num the egaipmeo(unrested Ito ptrcloao prim(it any)bass reasonsbh allowance forme,damage or obsolescence. ?y 16.11BEIDIRESS WARRANTIES SEF ORTHINTHISAGREEMBS'ARETIMEXCLUSIVEWARRANTIES MEM WEMAKRNOOMERWARRANTIES WOWS OREMPLIFD.AND SPECIFICALLY MAKE sum■ /*WARRANTY OH1E IANFAERA(Y,OFFTI SSFGILANYPARTIGULARPURPO5QORTHATITIESOFIWAREIS FRFEFROMVIRUSES ORVale/LA LE=WIIRMMAY BEESFLOIIEDBYA THIRD PARTY;AND IREELCPRESS WARRANTIES ME0RTMDMUS AGREEMENT ARE INILIEU OF ANY SUCH WARRANTIES A(aANYOTREROBLIGATION ORLIA1i1111Y ONGURPART. 17.YourmmMia set forth bMlame actu vo adour Milky with/eyed(0 Be tetacl.Gremlins done lncoom bnUeemnllhsuchaspeifimaocoorbteaehtbeim.orfrem thormadxnne,sate,d&Every, Q lnstalaUea,repairer use of arty egdpmtem finished coder Ilds contract,wMtherlacontext.tatort,tanamany or alherut%shall not meed the price for do equipmentor wakes=duel \VVI 18.11 isagreed that atteroomptef000fOur nris yoo loll be rupwuibio for amain Mateo opoMloaorany equipment fomhhedhmonderispododiralyhammed.The htenalbehs=eachf nti be longer then what may be molted by these applicablegomlgg safely code. ropeclbratlwlt not Eyaccepting doiheryofputs te orall%soft areyouagreedottheWmalin'sno asalearsochsoftwarebuttaerelyoIireaseamuavcbootsamcoley(oropentingtheudt(s)fotwMehlMpariumpom1ico, net to copy or let others copy such software forma purpose whenever;to keepsuch soloarelncordlenec as a uaadoSauk and not to transfer possession ofatchperil°otnersmeal asepartof a transferof ownership of the equipment Inwhkhsuch pail is installed ptm1ded that you Mon us fa mifag alanloachotmemhlptransfer and the transfuse ogees Intuiting to abide by the above licaue Naas prior to nay sash rerefer. 19.OernokstallnotfaludetheidemUkatoa,dctectIonabatement,eecapsubtenora moralofasbcaospot)cYerlododMphegf(PCTs)orprductsormaterialsaomaleUSasbestos,PCB'soroterhrmrdous substances.la the event we encounter am.such product ormaterbls in Uecoarse ofpedbmlagnuts we than hasp the rigld to discoutione oar work and=MOW employees from Iheproject unities;hoebkeo thegppmpdate scan to abae,eampmlata or mon web products or materials,and any founds connected Ntmsids,ortmdlifbdetemhoddot no handerdsts(os the euro my require).We shall reecho an cadentionoftimetocompleteIbotcokhemmderandcompensationfordelayseowcmtesedararesultofso raftadon. 20.71thAgreememcontitutestheoimunderstandingbetweentheponiessegardingtMsoldMmitterhereofandmymlbemodifsedbyanyemsonyomwdpformor otberd written creed cotnmudeetfonletattmg to the sameaubjoo6 Aro amendment ormcM cations to rids Agreement shell rot bo pwp• ran an oCcotkod represeaedes mtypder of ash pen)•.Toth puns agree that any fano hind by yea that contain my teems Uatamlieosffistentwith thosewmainod imehm�a modify MIS Agaomem marshal R mtuhuioahuce lameofanyaddi rtel lens epbeeoof any addkima( CoOtis Elevator Company,2011 All RightsReserved LINXForm 421(04/01/12)Proposal#:cpb220620113807 Page 3 of 3 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/11/2022 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 CONTACT • MARSH USA,INC. PHPHON` ONE FAX 20 CHURCH STREET,8TH FLOOR (A/C.No.Ext): (NC,No): HARTFORD,CT 06103 E-MAIL Otis.CertRequest@marsh.com Attn:otis.certrequest@marsh.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN103059650.Otis-STAND-21-22` INSURER A: National Union Fire Insurance Co O(Pittsburgh.PA 19445 INSURED INSURER B: AIU Insurance Co 19399 OTIS WORLDWIDE CORPORATION OTIS ELEVATOR COMPANY INSURER C: ONE CARRIER PLACE INSURER D: FARMINGTON,CT 06032 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-011374095-00 REVISION NUMBER: 0 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 SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) A X COMMERCIAL GENERAL LIABILITY 3980241 12/01/2021 12/01/2022 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR "'$2,000,000 General Aggregate' DAMAGE TO RENTED PREMISES(Ea occurrence) $ 300,000 'Per Project/Location"' MED EXP(Any one person) $ 10,000 110,000,000 General Aggregate"' PERSONAL&ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: "Per Policy" GENERAL AGGREGATE $ 2,000,000 POLICY X EC LOC —PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILEUABILITY 4594517(AOS) 12/01/2021 12/01/2022 (Ea s COBINED $ 1,000,000 A x ANY AUTO 4594518(MA) 12/01/2021 12/01/2022 BODILY INJURY(Per person) $ A OWNED SCHEDULED 4594519(VA) 12/01/2021 12/01/2022 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) - $ A X UMBRELLA UAB X OCCUR 3980244 12/01/2021 12/01/2022 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ , $ B WORKERS COMPENSATION 020608650(AOS) 12/01/2021 12/01/2022 X STATUTE ETH B AND EMPLOYERS'LIABILITY Y/N CA 12/01/2021 12/01/2022 ANYPROPRIETOR/PARTNERIEXECUTIVE 020608652(CA) E.L.EACH ACCIDENT $ 1,000,000 BOFFICER/MEMBEREXCLUDED? N N/A 12/01/2021 12/01/2022 (Mandatory in NH) 065885882(NY) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 B IDESCRIPTION OF OPERATIONS below 020608654 I 12/01/2021 12/01/2022 1,000,000 p (W) E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) CONTRACT NO:SPM65322 CERTIFICATE HOLDER CANCELLATION Ashland Fire Station SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 455 Siskiyou Blvd THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland,OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I %IZLGi.M.44 �SV .I.G. ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD