Orange County NC Website
OTIS ELEVATOR COMPANY <br />ACKNOWLEDGEMENT TO OPEN ORDER CONTRACT <br />4 <br />Customer agrees to immediately notify Provider if Customer is aware or becomes aware of the existence of asbestos or <br />other hazardous material in any place where Provider’s personnel are or may be required to perform services. In the event <br />it should become necessary to abate, encapsulate or remove asbestos or other hazardous material, Customer agrees to be <br />responsible for such abatement, encapsulation or removal, and any governmental reporting, and in such event Provider shall <br />be entitled to (i) delay its Work until it is determined to Provider’s satisfaction that no hazard exists and (ii) compensation <br />for delays encountered. <br />BONDS <br />Provider will provide surety bond(s) in the form provided by Provider’s’ surety at no cost to Provider, if required. This is <br />in lieu of participation in any type of surety wrap-up or Subguard program. <br />WC IMMUNITY <br />Provider does not waive its rights to immunity under worker’s compensation, disability or employee benefits acts or laws. <br />OVERTIME DEFINED <br />Should Provider agree to work overtime, Customer agrees to pay Contractor overtime premium wages. <br />TITLE AND RESERVATION OF RIGHTS <br />Title to each elevator or escalator equipment as applicable shall pass to Customer when final payment for such equipment <br />is received. Provider shall retain a security interest in all material furnished hereunder and not paid for in full. Customer <br />agrees that a copy of the Contract may be used as a financing statement for the purpose of placing upon public record <br />Provider’s interest hereunder in the material and Customer agrees to execute a UCC-1 form or any other document <br />reasonably requested by Provider for that purpose. Provider reserves the right to discontinue the Work at any time or to <br />withhold the release of completed elevator or escalator equipment until all overdue payments, with interest, shall have been <br />made as agreed herein. Nothing shall serve to void or reduce Provider’s entitlement to payment for Work properly <br />performed or material suitably stored. <br />TOOLS <br />Customer shall not have the right to take possession of Provider’s tools, machinery or equipment. Customer’s right to take <br />possession of materials is limited to materials that Customer has paid in full for which Provider has expressly agreed to the <br />sale of such materials in writing. <br />STORAGE <br />Customer will provide suitable storage areas, adjacent to the elevator shafts or escalator areas, for material and equipment <br />during the course of the Work. Added costs to Provider resulting from off-site storage or relocation of the storage facilities <br />at Customer’s request shall be reimbursed by Customer. <br />BARRICADES <br />Customer shall be responsible to erect/maintain all barricades at all of Provider’s’ elevator hoistway locations throughout <br />the job site in strict conformance with good safety practices, the Code of Federal Regulations as governed by the <br />Occupational Safety Health Act, and any other applicable regulations. <br />BACKGROUND CHECKS AND TESTS <br />Provider supports Customer’s efforts to maintain a safe and productive work environment; however, Provider’s collective <br />bargaining agreement with the IUEC prohibits Provider from completing background checks, searches, or tests on Provider <br />employees in the IUEC bargaining unit. Therefore, Provider cannot agree to authorize any party to complete criminal <br />background checks, searches, or tests on any Provider employees. Provider will request IUEC represented employees <br />furnishing Work for Customer to agree to voluntarily submit to a criminal background check and agrees not to staff with <br />employees who do not consent to same to the extent that Customer requires background checks. Customer agrees to pay <br />any and all costs associated with obtaining criminal background checks conducted. Subject to the forgoing, Provider will <br />take appropriate action in the event that you advise us of any action by any of our employees that is contrary to the <br />maintenance of a safe, healthy and productive workplace. <br />DocuSign Envelope ID: F3A72AFB-7E67-4665-B390-1E2F05A0DE9A