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HomeMy WebLinkAbout067-26 RESOLUTIONPage 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 67-26 File Number: 2026-383 A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH OTIS ELEVATOR FOR MAJOR MODERNIZATION OF THE ELEVATOR IN CITY HALL IN THE AMOUNT OF $129,840.00, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $12,984.00 WHEREAS, the elevator in City Hall has been in operation for more than 40 years without significant investment in updated mechanical and safety improvements; and WHEREAS, this modernization will bring the elevator into conformance with current building code requirements, replace critical obsolete and unavailable parts, and improve reliability; and WHEREAS, the elevator will be out of service for approximately 30 days through this process, during which time the upper floors will be accessible through the stairs and any necessary accommodations will be made. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes a contract with OTIS Elevator for major modernization of the elevator in City Hall in the amount of $129,840.00, pursuant to an Omnia Partners cooperative purchasing contract, and further approves a project contingency in the amount of $12,984.00. PASSED and APPROVED on March 5, 2026 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-383 MEETING OF MARCH 5, 2026 TO: Mayor Rawn and City Council THROUGH: Byron Humphry, Director of Park Operations and Facilities Chris Brown, Public Works Director Keith Macedo, Chief of Staff FROM: Quin Thompson, Facilities & Bldg Maint Manager SUBJECT: APPROVAL OF A CONTRACT FOR ELEVATOR MODERNIZATION RECOMMENDATION: Staff recommends approval of a contract with OTIS Elevator for major modernization of the elevator in City Hall at a cost of $129,840.00, pursuant to an Omnia Partners purchasing agreement, with an owner contingency of $12,984.00. BACKGROUND: The elevator has been in operation for more than 40 years without significant investment in updated mechanical and safety improvements. DISCUSSION: The Elevator is a key component of the Accessible Route for citizens and staff with mobility impairments. The proposed project will bring the elevator into conformance with current building code requirements, replace critical obsolete and unavailable parts, and improve reliability. Lighting and finishes will also be improved as a part of this project. The elevator will be out of service for approximately 30 days through this process, during which time the upper floors will be accessible through the stairs. In addition to utilizing Omnia Partners contract #2019.001563, replacement parts and labor for repairs of machinery and equipment is an exempt commodity from bidding, per A.C.A. § 14-58-104. BUDGET/STAFF IMPACT: This project is funded by Sales Tax Capital Improvement funds. ATTACHMENTS: 3. Staff Review Form, 4. Fayetteville City Hall - Elevator Mod Signed - With Strikethroughs as Approved by Otis, 5. Otis Elevator Contract Change - Addendum Signed Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-383 A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH OTIS ELEVATOR FOR MAJOR MODERNIZATION OF THE ELEVATOR IN CITY HALL IN THE AMOUNT OF $129,840.00, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $12,984.00 WHEREAS, the elevator in City Hall has been in operation for more than 40 years without significant investment in updated mechanical and safety improvements; and WHEREAS, this modernization will bring the elevator into conformance with current building code requirements, replace critical obsolete and unavailable parts, and improve reliability; and WHEREAS, the elevator will be out of service for approximately 30 days through this process, during which time the upper floors will be accessible through the stairs and any necessary accommodations will be made. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes a contract with OTIS Elevator for major modernization of the elevator in City Hall in the amount of $129,840.00, pursuant to an Omnia Partners cooperative purchasing contract, and further approves a project contingency in the amount of $12,984.00. Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: 02046.1 Project Number Budget Impact: Building Improvements Fund Sales Tax Capital Improvements4470.140.8900-5400.00 Account Number Project Title City of Fayetteville Staff Review Form 2026-383 Item ID 3/17/2026 City Council Meeting Date - Agenda Item Only Staff recommends approval of a contract with OTIS Elevator for major modernization of the elevator in City Hall at a cost of $129,840.00, pursuant to an Omnia Partners purchasing agreement, with an owner contingency of $12,984.00. N/A for Non-Agenda Item Action Recommendation: Submitted By Quin Thompson FACILITIES MANAGEMENT (140) Division / Department 2/24/2026 Submitted Date Yes 766,543.71$ $ 142,824.00 V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget 861,540.00$ 94,996.29$ Yes No -$ $ 623,719.71 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 1 of 22 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 2 of 22 Otis HydroFit™ MOD Hydraulic Control System 2/23/2026 CUSTOMER NAME Fayetteville City Hall Otis Elevator Company 1419 Westpark Dr.Suite F Little Rock, Arkansas, 72204 PROJECT LOCATION 113 W Mountain St Fayetteville, Arkansas, 72701 PROPOSAL NUMBER F7SE1811/01 We propose to furnish labor and material to provide a microprocessor based HydroFit MOD control system. It is a digital closed-loop microprocessor-based control system specifically designed to meet the particular needs of modernizing hydraulic elevators. This proposal described herein, will be operating under the Omnia Partners purchasing agreement #2019.001563, the terms and conditions will be tied to the Omnia Master Agreement. 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 3 of 22 Section 1 UNITS DUTY The present capacity and speed of the elevators will be retained as follows: Group 1 MACHINE # CAPACITY (Pounds) SPEED (Feet per Minute) Unit 1 2500 125 TRAVEL, STOPS & OPENINGS The present travel, stops and openings of the elevators will be retained as follows: Group 1 Unit 1 LANDINGS OPENINGS Distance Between Floors Front Rear 4 Yes No 0 ft 0 in 0 3 Yes No 12 ft 0 in 0 2 Yes No 12 ft 0 in 0 1 Yes No 12 ft 0 in 0 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 4 of 22 Section 2 OPERATION NEW AUTOMATIC SELF-LEVELING The elevator shall be provided with automatic self-leveling that shall typically bring the elevator car level with the floor landings + ¼” regardless of direction of travel. The automatic self-leveling shall correct for over travel or under travel and rope stretch. NEW SPECIAL EMERGENCY SERVICE Special Emergency Service operation shall be provided in compliance with the latest applicable revision of the ASME/ANSI A17.1 Code. Special Emergency Service Phase I to return the elevator(s) non-stop to a designated floor shall be initiated by an elevator smoke detector system or a keyswitch provided in a lobby fixture. The smoke detector system, if required, is to be furnished by others. The elevator contractor shall provide contacts on the elevator controller to receive signals from the smoke detector system. A keyswitch in the car shall be provided for in-car control of each elevator when on Phase II of Special Emergency Service. If an elevator is on independent service when the elevators are recalled on Phase I operation, a buzzer shall sound in the car and a jewel shall be illuminated, subject to applicable codes. NEW INDEPENDENT SERVICE When the Independent Service switch in the car operating panel is actuated; it shall cancel previously registered car calls, disconnect the elevator from the hall buttons, and allow operation from the car buttons only. Door operation shall occur only after actuation of the “DOOR CLOSE” button. NEW INSPECTION OPERATION For inspection purposes, an enabling keyswitch shall be provided in the car operating panel to permit operation of the elevator from on top of the car and to make car and hall buttons inoperative. HOISTWAY ACCESS SWITCHES An enabling keyswitch shall be provided in the car operating panel to render all car and hall buttons inoperative and to permit operation of the elevator by means of an access keyswitch adjacent to the hoistway entrance at the access landing. OTIS ONE PLATFORM Otis ONE is an internet of things (IoT) platform that enables advanced monitoring, big data analytics, and predictive maintenance to address potential issues before they occur, increasing elevator uptime and reducing service disruptions. Activation of these features is subject to execution of a separate Otis ONE 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 5 of 22 license and subscription agreement and additional annual subscription fee which is not included in this Contract. Further, the Otis One hardware / equipment shall remain the property of Otis. Optional Otis ONE Subscription Otis ONE Prime Subscription Features IoT connection with continuous elevator data collection Monitoring by mechanics and OTISLINE Automated performance diagnostics and data analytics Over-the-air IoT software updates Otis Customer Portal access Real-time elevator status Performance & usage dashboards Service activity detail Section 3 MACHINE ROOM EQUIPMENT POWER SUPPLY The power supply of 240V_60HZ, alternating current will be retained with the new equipment arranged for this power supply. NEW CONTROLLER A microprocessor based HydroFit MOD control system shall be provided to perform all the functions of safe elevator motion and elevator door control. This shall include all the hardware required to connect, transfer and interrupt power, and protect the motor against overloading. The system shall also perform group operational control. NEW SOFT STARTER A new solid-state starter will be provided. NEW PUMP MOTOR The existing motor will be replaced. POWER UNIT NEW SUBMERSIBLE The existing power unit will be replaced with a new power unit. The new power unit consists of a positive displacement pump, motor, integral 4-coil control valve, oil tank and muffler. The pump and motor are submerged and are mounted to the tank with rubber isolators to reduce vibration and noise. 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 6 of 22 NEW VALVE A new integral 4-coil control valve will be installed to replace the existing valve. The valve consists of up, up leveling, down and down leveling controls along with manual lowering and a pressure relief valve. Section 4 DOOR EQUIPMENT NEW CLOSED LOOP DOOR OPERATOR Install a new closed loop door operator. Car and hoist way doors shall be power operated by means of a closed loop door operator mounted on top of the car designed to give consistent door performance with changes in temperature, wind or minor obstruction in the door track. The system continually monitors door speed and position and adjusts it accordingly to match the pre- determined profile. NEW DOOR-PROTECTION DEVICE Install a new solid state, infrared passenger protection device on the car door. Elevator doors shall be provided with a reopening device that will stop and reopen the car door(s) and hoistway door(s) automatically should the door(s) become obstructed by an object or person. NEW INTERLOCKS New interlocks will be installed. The interlocks shall prevent operation of the elevator unless all doors for that elevator are closed and shall maintain the doors in their closed position while the elevator is away from the landing. RETAIN CAR DOOR TRACKS AND HANGERS The present car door tracks and hangers shall be retained and inspected for proper alignment. Any adjustment required will be accomplished. RETAIN HOISTWAY ENTRANCES The present hoistway entrances will be retained. RETAIN HOISTWAY DOOR TRACKS AND HANGERS The present hoistway door tracks and hangers shall be retained. NEW HOISTWAY DOOR RESTRICTORS Folding hoistway door restrictors shall be installed. 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 7 of 22 Section 5 HOISTWAY EQUIPMENT RETAIN HOISTWAY OPERATING DEVICES The existing hoistway operating devices shall be retained. RETAIN CAR GUIDES The existing car guides shall be retained. RETAIN CAR INTERIOR The present car interior shall be retained. RETAIN FLOORING The present flooring will be retained. NEW PIT SWITCH An emergency stop switch shall be located in the pit accessible from the pit access door. RETAIN SPRING BUFFERS The existing spring buffers shall be retained. NEW ACCESS ALERT HOISTWAY SAFETY DEVICE We will furnish and install all the necessary components, circuitry and wiring for a new Access Alert system, which will operate on the elevator car top and pit. Access Alert will be installed so the elevator can be controlled in a safe manner when an authorized person accesses the elevator hoistway. The Access Alert system meets all applicable safety codes. This groundbreaking new product, Access Alert, is specifically designed to: Prevent work on top of the elevator without the top of car inspection station engaged properly. Prevents moving the elevator on inspection while personnel are in a potentially unsafe position. Prevent working in the elevator pit, while the pit stop switch is not engaged properly. Meet applicable building and elevator codes. Similar to the seatbelt alarm in your car, Access Alert provides a constant, noticeable reminder to anyone accessing the hoistway that they need to engage the stop switch before starting 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 8 of 22 work. We believe the simplicity, ease of installation, and cost-effectiveness of this product will be an important way for you to invest in improving safety inside your facility. Section 6 CAR FIXTURES NEW APPLIED CAR OPERATING PANEL An applied car operating panel shall be furnished. The panel shall contain a bank of mechanical illuminated buttons marked to correspond with the landings served, an emergency call button, emergency stop button, door open and door close buttons and a light switch. All buttons, when applicable, to be long life LED illumination. This panel shall be equipped with a button that shall initiate two-way communication between the car and a location inside the building, switching over to another location if call is unanswered. Otis will provide our standard, code compliant, applied fixtures in a brushed stainless-steel finish. If a specific fixture design or configuration is requested, you agree to notify Otis upon execution of this agreement. Design modifications may lead to additional costs based on final selection. NEW EMERGENCY CAR LIGHTING An emergency power unit employing a 6-volt sealed rechargeable battery and totally static circuit shall be provided. The power unit shall illuminate the elevator car and provide current to the alarm bell in the event of normal power failure. The equipment shall comply with the requirements of the latest applicable revision of the ASME/ANSI A17.1 Code. NEW CAR POSITION INDICATOR A car position indicator shall be installed. The position of the car in the hoistway shall be shown by illumination of the indication corresponding to the landing at which the car is stopped or passing. NEW "IN-CAR" DIRECTION LANTERNS Direction lantern(s) shall be mounted in car entrance jamb(s), visible from the corridor, which when the car stops and the doors are opening shall indicate the direction the car is traveling. A chime shall also be furnished on the car that will sound once for the “UP” direction and twice for the “DOWN” direction as the doors are opening. 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 9 of 22 Section 7 HALL FIXTURES NEW HALL BUTTONS New hall buttons shall be installed at each landing. An up button and a down button at each intermediate landing and a single button at each terminal landing shall be installed. All buttons, when applicable, shall be long-life LED illumination. Otis will provide our standard, code compliant, applied fixtures in a brushed stainless-steel finish. If a specific fixture design or configuration is requested, you agree to notify Otis upon execution of this agreement. Design modifications may lead to additional costs based on final selection. Section 8 HEALTH PRODUCTS No Health Products Specified 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 10 of 22 Section 9 WORK BY OTHERS – NOT IN CONTRACT The following items must be performed by others and you agree to provide this work in accordance with the applicable codes and enforcing authorities: WORK BY OTHERS SCHEDULING All “Work by Others” must either be completed prior to our manning the job or be properly scheduled as to not obstruct the progress of the project. AIR CONDITIONING Provide suitable ventilation and cooling equipment, if required, to maintain the machine-room temperature between 60°F and 100°F. The relative humidity should not exceed 95 percent non- condensing. BUILDING POWER Provide electrical power for light, tools, hoists, etc. during installation as well as electric current for starting, testing, and adjusting the elevator. Power of permanent characteristics to be provided to properly operate all the elevators concurrently scheduled to be modernized. Power must be a 3-phase 4 wire system with ground and bonded disconnects. Grounded leg delta systems are not acceptable. SMOKE AND HEAT SYSTEM Provide elevator lobby, machine room and hoistway smoke detecting devices located as required and wired from the fire control center to a controller in the machine room. Hoistway devices are required to be made accessible from outside the elevator hoistway. Coordinate signal connections and necessary testing with the Elevator Contractor. Provide the following zones and locate signal circuits in a properly labeled junction box in the machine room: Main Floor Recall: Provide one set of normally closed contacts that will open when any smoke sensor related to the elevators at the designated main landing senses smoke. This excludes other devices located in the machine room, hoistway or main egress floor. Alternate Floor Recall: Provide one set of normally closed contacts that will open when the smoke sensor at the main egress floor senses smoke. Machine Room/Hoistway Recall: Provide one set of normally closed contacts that will open when any smoke sensor located in the machine room or hoistway/pit senses smoke. SPRINKLERS Provide code compliant sprinkler system, as required, in the hoistway, pit and machine room. If sprinklers are being installed or altered in the hoistway(s), pit or the machine rooms, a means must be provided to disconnect three-phase power before water is applied. This is usually accomplished with a shunt trip breaker that must be located outside the elevator machine room. The shunt trip breaker may be activated by heat detectors located within 24” of the sprinkler heads and arranged to trip at a lower temperature than the sprinkler heads. A heat detector is not required in the pit if the sprinkler head is within 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 11 of 22 24” of the pit floor. Heat and smoke devices in elevator hoistways must be installed with UL rated and lockable panels that are accessible for servicing from outside the hoistway. The panel interiors are to be guarded using a minimum 13 gauge metal with a pattern of maximum ¾ inch holes. CUTTING AND PATCHING Do any cutting, (including cutouts to accommodate hall signal fixtures, entrances and/or machine room access) patching and painting of walls, floors or partitions. MAIN DISCONNECT Provide a fused lockable disconnect switch or circuit breaker for each elevator per the National Electrical Code with feeder or branch wiring to the transformer. Size to suit elevator contractor. Provide a SHUNT TRIP disconnect, as required, if sprinklers are being provided. Provide suitable connections from the main disconnect to the elevator control equipment. Electrical Feeder system to limit available short circuit to not more than 10k amps at the load side of the elevator main line disconnect. GROUND WIRE Provide a properly sized ground wire from the elevator controller(s) to the primary building ground. EMERGENCY COMMUNICATIONS – Phone Only Provide a continuously monitored phone line terminating at Otis controller. GFCI OUTLETS Provide 120volt GFCI type convenience outlets in the machine room and in each pit. . Provide additional non-GFCI outlet in each pit for use by sump pump. Pits subject to sprinklers shall have NEMA 4 rated fixtures if located below 48” above pit floor. CAR LIGHT POWER SUPPLY AND DISCONNECT For each car provide a 120 volt AC, 15 amp, single-phase power supply with fused disconnect switch (or circuit breaker) capable of being locked in the open (off) position with feeder wiring to each controller located in the machine room. REMOTE PANELS Provide required conduit, with adequate pull boxes and ells from the elevator hoistway(s) to the location or locations required to facilitate the installation of Lobby Panels, Fire Control Room Panels or Elevator Monitoring Systems. Size and number as specified by Otis. Leave a measured pull tape in the conduit. Otis to furnish and pull required conductors. EMERGENCY (STANDBY) POWER If emergency power is available, verify and provide the following: a. Power that meets the load characteristic requirements of the new control system. Power that is capable of operating and providing sufficient power to non-linear elevator loads and that is capable of absorbing regenerated power resulting from running elevators with overhauling loads. b. Two conductors to the machine room from a normally closed auxiliary contact on the Owner’s EP transfer switch. Contacts to open when power transfers to the emergency source. 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 12 of 22 c. Two additional conductors to the machine room from an adjustable timed relay on the Owner’s EP transfer switch to indicate “request to transfer” from standby to normal power. d. Power for 115VAC circuits that supply elevator cab lights, cab fan, communication means, EMS, Lobby Panels, and Compass dispatching systems (if applicable). e. Power for machine room lighting, ventilation and cooling means. LIGHTING Provide sufficient lighting in the buildings common areas to facilitate a safe working environment. Provide new or modify machine room lighting to provide a minimum of 19 ft. candles of illumination and new pit lighting to provide a minimum of 10ft. candles of illumination. The machine room light switch shall be located within 18” of the lock-set side of the entry door. Pit light switches shall be adjacent to the pit ladder and a minimum of 24” above the threshold level. Lighting must have code compliant guards of either grounded metal, plastic or comparable. Pits subject to sprinklers shall have NEMA 4 rated fixtures. PROJECT BEING “DRIED-IN” Work, as required, to keep the elevator lobbies, hoistway, machine room and storage area “dried-in” for the entire length of the project. MACHINE ROOM ACCESS Provide a self-locking and self-closing door for the elevator machine room. Access door to be adequately sized to accept our equipment. Modify machine room access, as required, to comply with code and facilitate safe egress of all equipment. FIRE EXTINGUISHER Provide fire extinguisher in elevator machine room. NON-ELEVATOR MATERIAL IN HOISTWAY Remove or encapsulate, as required, any non-elevator related pipes or wiring located in the elevator machine room or hoistway. HOISTWAY VENTILATION Provide code compliant hoistway ventilation. Code requires a means to prevent the accumulation of hot air and gasses at the top of the hoistway. Pressurizing the hoistways, or providing vents from the top of the hoistway to the outside of the building usually accomplishes this. Vents shall not be less than 3 1/2% of the area of the hoistway nor less than 3 sq. ft. for each elevator car, whichever is greater. You may not vent the hoistway to the machine room. If the hoistway vents must run through the machine room, they must be enclosed in a fire rated structure and not violate clearances around our equipment. HOISTWAY LEDGES Provide a 75o angle constructed of a non-combustible material on all ledges that are 2” greater in the hoistway, excluding multi-hatch divider beams. SUMP HOLE GRATING Provide a flush grating over the sump hole located in the elevator pit. STORAGE 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 13 of 22 Provide dry, protected and secure storage space adjacent to the hoistway(s). Otis shall be compensated for material delivered that is stolen or removed from the jobsite. DISPOSAL The disposal of removed elevator components; machines, controllers, ropes, hydraulic fluid, oils, buffers and packing materials from the new equipment and any and all related materials shall be the sole responsibility of the Customer or owner. If a dumpster is provided on site, we will deposit waste materials in the dumpster or at an agreed upon on-site location for removal by the Customer or owner. PIT LADDERS Provide a pit ladder, as required, in each pit that does not have walk-in access doors. Ladder shall extend 48” above first landing access door. OPERATING ELEVATORS FOR OTHER TRADES If we are required to operate an elevator to facilitate the work of other trades (e.g., sprinklers, smoke sensors, ledges, etc.) then we shall be compensated for this lost time and the project schedule shall also be modified. ADDITIONAL STOPS/OPENINGS Extend the existing hoistways and add additional landing(s) and new machine room. Hoistway and machine room shall be constructed in accordance with applicable building codes and ANSI A17.1. Ledges over 2” wide shall have a 75° bevel on top. (Except separator beams) Hoistway shall be fire rated and may require patching of holes. No other pipes or electrical conduit not associated with the elevator equipment are allowed in the hoistway. Power feeders may not run up the hoistway, except by special permission of the governing authority, and shall not contain splices or junction boxes in the hoistway. Provide crane to bring new material and removal of the machine room equipment to new machine room. Provide temporary roof as required to provide continuously dry hoistways and machine rooms. Perform all demolition of old machine room slab and structure. Protect existing elevator cars and equipment from demolition damage, dust and debris. Supply new machine beams and beam supports per reactions supplied by Otis. Provide new machine room slab to suit reactions. Remove any construction forms, scaffold or decking from hoistway not placed by Otis. Cut and patch hoistways as required to provide a legal hoistway. Provide, maintain and remove any temporary barricades per OSHA or local authority requirements and furnish barricades to protect the public from access to construction areas. Supply and install adequate support for guide rail fastening, including separator beams where required. Provide adequate fastening for hoistway entrances and sills. Provide finished floor elevation reference height at time of installation of new entrance sills. Provide legal access to new machine room (and temporary access per OSHA requirements during construction). 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 14 of 22 Grout or finish blocking of new entrances to provide a fire rated enclosure. Provide hoist beams over each elevator hoistway in machine room rated to hoist elevator machines. Finish painting of new hoistway entrances shall be by others, if prime entrances are selected. EMERGENCY RETURN UNIT (ERU) If an ERU battery-operated lowering device is being provided with your hydraulic elevator modernization than others are to provide an auxiliary contact in either the existing lockable disconnect (if currently code compliant) or in a new code compliant lockable disconnect. ASBESTOS Should any asbestos be found to be present in the building which is related to any of our work, it shall be the responsibility of others to monitor, abate, contain or prepare the workplace as safe for our employees to work within or about. Otis will not be responsible for working with asbestos which may be disturbed or uncontained. Otis will not be responsible for any costs associated with delay of the job should asbestos be detected or require addressing by others for us to proceed. This includes but is not limited to re- mobilization charges which may be applied. HAZARDOUS MATERIALS You agree to notify Otis if you are aware or become aware prior to the completion of the work of the existence of asbestos or other hazardous material in any elevator hoistway, machine room, hallway or other place in the building where Otis’ personnel are or may be required to perform their work. In the event it should become necessary to abate, encapsulate or remove asbestos or other hazardous material from the building, you agree to be responsible for such abatement, encapsulation or removal, and any governmental reporting, and in such event Otis shall be entitled to (i) delay its work until it is determined to Otis’ satisfaction that no hazard exists and (ii) compensation for delays encountered. MATERIAL RESPONSIBILITY Otis maintains no responsibility for material delivered to the jobsite. The Customer is financially responsible for all cost to replace any damaged, stolen or missing material or equipment. Otis will not be responsible for deductibles on “Builder’s Risk” insurance policies. Otis will provide a change order, police report and affidavits as needed to substantiate the claim. Otis will not procure replacement equipment until a signed change order is received. LOCKOUT TAG OUT In furtherance of OSHA’s directive contained in 29 C.F.R. § 1910.147(f)(2)(i), which requires that a service provider (an “outside employer”) and its customer (an “on-site employer”) must inform each other of their respective lock out/tag out (“LOTO”) procedures whenever outside servicing personnel are to be engaged in control of hazardous energy activities on the customer’s site, Otis incorporates by reference its mechanical LOTO procedures and its electrical LOTO procedures. These procedures can be obtained at www.otis.com by (1) clicking on “The Americas” tab on the left side of the website; (2) choosing “US/English” to take you to the “USA” web page; (3) clicking on the “Otis Safety” link on the left side of the page; and (4) downloading the “Lockout Tagout Policy Otis 6.0” and “Mechanical Energy Policy Otis 7.0,”, or the then most current version, both of which are in .pdf format on the right side of the website page. Customer agrees that it will disseminate these procedures throughout its organization to the appropriate personnel who may interact with Otis personnel while Otis personnel are working on site at Customer’s facility. CONFINED SPACES 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 15 of 22 The machine room, hoistway, pit and mezzanine (“Elevator Spaces”) may be considered Permit- Required Confined Spaces as defined by the Occupational Safety and Health Organization (“OSHA”), 29 C.F.R. § 1910.146(b) and § 1926 Subpart AA. Otis has a documented process to control or eliminate hazards and classify such Elevator Spaces as non-permit required confined spaces. In the event that the Customer, others, or unique site conditions or hazards (such as chemical manufacturing sites) require Otis to handle such Elevator Spaces as Permit-Required Confined Spaces, the Customer or owner will be responsible for supplying, at its expense, all resources, including monitoring, permitting, attendants and rescue planning associated with handling such Elevator Spaces as Permit-Required Confined Spaces. The Customer or owner is required to inform Otis of all known or potential hazards related to Elevator Spaces that Otis may be required to access prior to Otis performing any work in such spaces. Further, the Customer or owner is required to communicate any changes in the conditions associated with such Elevator Spaces or activities in or around such spaces that could introduce a hazard into such spaces. Section 10 GENERAL REQUIREMENTS EXAMINATION OF EQUIPMENT Except insofar as your equipment may be covered by an Otis maintenance or service contract, it is agreed that we will make no examination of your equipment other than that necessary to do the work described in this Contract and assume no responsibility for any part of your equipment except that upon which work has been done under this contract. RE-MOBILIZATION You agree to pursue and schedule the work by other trades in a timely manner so as to not interrupt our work. Should our crew(s) have to suspend work on the job to await the conclusion of work by others not party to this contract, we shall be entitled to a re-mobilization charge of five thousand ($5,000) dollars. We shall also extend the stated durations to the extent that we are delayed. INSURANCE OTIS Otis agrees to maintain General Liability coverage in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate, Automobile Liability in the amount of $1,000,000 Combined Single Limit for Bodily Injury and Property Damage, Worker’s Compensation in statutory limits. Employer’s Liability in the amount of $1,000,000 for Each Accident, Each Employee – Disease. We shall maintain worker’s compensation and employers’ liability insurance covering our liability for injury or death sustained by our employees, and comprehensive general liability insurance. CUSTOMER You shall insure that all risk insurance upon the full value of the Work and material delivered to the job site is maintained at no cost to us. 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 16 of 22 CERTIFICATES If either party so requires, in writing, the other party shall furnish a copy of the certificates of insurance evidencing the above insurance coverages. PRE-EXISTING CONDITIONS HYDRAULIC We have not included for any additional costs associated with identifying or correcting car weights previously increased or decreased more than the ASME code allowance of 5% of original design. PAYMENT AND SCHEDULE OF VALUES You agree to be bound and pay in accordance with the supplied schedule of values. We shall be paid for our material delivery invoice prior to starting installation work. We shall be paid in full for all change orders and the base Contract amount (no less than 95%) prior to scheduling an inspection and/or turnover of the elevators to you for use. Otis reserves the right at its absolute discretion to discontinue work or not turn over elevators unless payments are current. Our quoted price is based on the “Initial Payment” equaling fifty percent (50%) of Contract award. This amount PLUS a fully executed subcontract must be received prior to releasing equipment for manufacturing or scheduling any other work. Refer to the “Schedule of Values” below. Otis will mobilize after the “Material Delivery Payment” is received. See “Schedule of Values” below. If Otis is directed by you to furnish any labor, service, or material that is outside of the mutually agreed upon scope of work of this Contract(“Out of Scope Work”), Otis may agree to perform such Out of Scope Work (1) subject to receipt of a written notice to proceed prior to commencement of any such Out of Scope Work; and (2) contingent upon receipt of a mutually agreed upon and executed change order within thirty (30) calendar days of such written notice to proceed. If the parties are unable to agree to terms that lead to the issuance of a mutually agreed upon and executed change order within such thirty (30) day period, Otis may suspend the Out of Scope Work. Notwithstanding any other provision, language, term or condition to the contrary, Otis shall not be liable for any project delays and/or damages, including but not limited to liquidated damages, associated with a delay in the issuance of a mutually agreed upon and executed change order. SUBSTANTIAL COMPLETION/“LABOR PROGRESS PAYMENTS” This payment is due upon substantial completion of each modernized elevator. The “Labor Progress Payment” amount shown on the SOV is divided by the total number of elevators being modernized as a part of this Contract. Substantial completion is defined as a functional elevator that is acceptable by the authority having jurisdiction as useable for temporary or general use. Any agreed upon punch-list items will be corrected within a mutually agreeable timeframe. This payment, however, is still due upon substantial completion of each elevator. Final retention payment shall be due within thirty (30) days after acceptance of each elevator installation. Otherwise, warranties shall be suspended or terminated at Otis’ absolute discretion. All change orders must be executed and paid prior to scheduling a final inspection and turnover of each elevator to customer. 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 17 of 22 Otis will not agree to any language referencing or implying “pay when paid.” This Contract is between Otis Elevator and referenced entity. The attached payment schedule (“Schedule of Values”) is not contingent upon said entity’s ability to be paid by others or any other factor or event not described above. A processing fee will be applied to credit card payments. SCHEDULE OF VALUES Base Contract Amount: $114,840 DUE DATE DESCRIPTION % VALUE Due within 30 days from date of invoice or prior to release of factory orders, whichever occurs first. Engineering/Drawings/Mobilization “Initial Payment” 50% $57,420 Due within 30 days from date of invoice or prior to installation, whichever occurs first. Installation will not commence until this material payment is made. Materials for project “Material Delivery Payment” 25% $28,710 Due within 30 Days from substantial completion of each elevator. Installation labor “Labor Progress Payments” 25% $28,710 LEAD TIME AND DURATION We anticipate approximately 16 weeks manufacturing time from receipt of approvals and down payment. Thereafter, we expect the modernization to take approximately 4 weeks per car. All work will be performed during our regular working hours of our regular working days. SCHEDULE Our proposal is based on a delivery date of 07/30/2026. If the delivery date is delayed 90 calendar days or greater, customer agrees to pay applicable factory material price increases. A fully executed change order and full payment of the price increase, in addition to full payment of the required down payment by Customer is required prior to the factory material being ordered and released. Additionally, if your project schedule changes and extends installation or completion of labor into a future year or year(s), Customer 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 18 of 22 agrees to pay applicable labor escalation price increases. A fully executed change order regarding the labor escalation price increase must be executed prior to mobilization and the start of any work. Due to current market conditions the availability of elevator installation labor is limited. If this proposal is not accepted within 30 days, prior to acceptance of any award Otis reserves the unilateral right to decline the award based on a review of the project schedule and our labor availability/commitments. CODE CLARIFICATIONS ASME A17.1 / CSA B44 (2016 or earlier): It is our understanding the International Building Code (IBC), 2018 Edition is NOT applicable to this project. Otis has included an emergency communication system that conforms to ASME A17.1 / CSA B44 (2016 or earlier), Requirement 2.27.1.1. It should be noted that at the present time there is a potential conflict concerning the emergency communication system requirements between IBC 2018 and ASME A17.1 / CSA B44 (Safety Code for Elevators and Escalators) and you agree to to hold Otis harmless for any claim, loss, cost, or damage in connection with any such conflict. Work By Others Customer or owner will provide one (1) dedicated outside telephone line to the elevator machine room as described in the “Work by Others” section. Section 11 ALTERNATES ALTERNATE 1 – NEW ELEVATOR CAB INTERIORS (OPTION) New elevator cab interiors will be provided with the following specifications: Plastic laminate horizontal panels Brushed stainless steel reveals behind horizontal panels Brushed stainless steel handrail Stainless steel grid ceiling panels LED energy-saving lights installed in ceiling panels Price: $15,000 per elevator. $15,000 (Fifteen Thousand Dollars) Please indicate your intention to choose this option by initialing here ___ 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 19 of 22 The extent of the work to be performed is either described above or in the attached specification which is incorporated into and made a part of this document. PRICE $114,840 “Cost Excluding AR Sales Tax” One Hundred Fourteen Thousand Eight Hundred Forty Dollars This price is based on a fifty percent (50%) downpayment in the amount of $57,420 This proposal, including the provisions printed on the pages following, shall be a binding contract between you, or the party identified below for whom you are authorized to contract, and us when accepted by you and our authorized representative through execution of this proposal; or by your authorizing us to perform work for the project and our commencing such work. The purchase price in the Contract is subject to increase caused by any reason beyond Otis’ reasonable control including but not limited to commodity, fuel, tariff, and/or shipping transportation cost increases. This quotation is valid for thirty (30) days from the date of submission unless changed by us prior to a fully executed contract. Accepted in Duplicated Submitted by: Drew Allen CUSTOMER OTIS ELEVATOR COMPANY Approved by Authorized Representative Approved by Authorized Representative Date: Date: Signed: X Signed: X Print Name: Print Name: Title: Title: Name of Company: 2/24/26 General Manager Crystal Gateley 03/05/2026 Molly Rawn Mayor City of Fayetteville 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 20 of 22 TERMS AND CONDITIONS This Contract constitutes the entire understanding between the parties regarding the subject matter hereof and may not be modified by any terms on your order form or any other document and supersedes any prior written or oral communication relating to the same subject. Any amendment or modifications to this Contract shall not be binding upon either party unless agreed to in writing by an authorized representative of each party. Both parties agree that any form issued by you that contains any terms that are inconsistent with those contained herein shall not modify this Contract, nor shall it constitute an acceptance of any additional terms. The work shall be performed for the agreed price plus any applicable sales, excise or similar taxes as required by law. In addition to the agreed price, you shall pay to us any future applicable tax imposed on us, our suppliers or you in connection with the performance of the work described. This quotation is subject to change or withdrawal by us prior to written acceptance. We warrant to you that the work performed by us hereunder shall be free from defects, not inherent in the quality required or permitted, in material and workmanship for one (1) year from the date of substantial completion. Our duty and your remedy under this warranty are limited to our correcting any such defect you report to us within the warranty period by, at our opinion, repair or replacement, provided all payments due under the terms of this Contract have been made in full. All parts used for repair or replacement under this warranty shall be good quality and furnished on an exchange basis. Printed circuit boards used for replacement parts under this warranty may be refurbished boards. Exchanged parts become our property. This warranty excludes any damage due to ordinary wear and tear and any damage due to any reason beyond our reasonable control including but not limited to vandalism, abuse, misuse, neglect, modifications not performed by us, or improper or insufficient maintenance by others. THE EXPRESS WARRANTIES SET FORTH IN THIS CONTRACT ARE THE EXCLUSIVE WARRANTIES GIVEN: WE MAKE NO OTHER WARRANTIES EXPRESS OR IMPLIED, AND SPECIFICALLY MAKE NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE; AND THE EXPRESS WARRANTIES SET FORTH IN THIS CONTRACT ARE IN LIEU OF ANY SUCH WARRANTIES AND ANY OTHER OBLIGATION OR LIABILITY ON OUR PART. We shall perform the work during our regular working hours of our regular working days unless otherwise agreed in writing. You shall be responsible for providing suitable storage space at the site for our material. You shall obtain title to the equipment furnished hereunder when final payment for such equipment is received by us. In addition, you shall be granted a license to use software incorporated into such equipment solely for operating such equipment and in accordance with the terms regarding licensing further below. Further, Customer shall not have the right to take title or possession of any of Otis’ tools or machinery used by Otis in providing its services or work. Any drawings, illustrations or descriptive matter furnished with the proposal are submitted only to show the general style, arrangement and dimensions of the equipment. Payments shall be made pursuant to the payment schedule above and on the following terms: If the work is not completed within a thirty day period, monthly progress payments shall be made based on the value of any equipment ready or delivered, if any, and labor performed through the end of the month less the agreed upon retainage and the aggregate of previous payments. We shall be paid in full for all change orders and no less than the percentage base contract amount stated above prior to scheduling an inspection and/or turnover of the elevators to you for use. The retainage shall be paid when the work is completed. We reserve the right to discontinue our work at any time until payments shall have been made as agreed and we have assurance satisfactory to us that subsequent payments will be made when due. Payments not received within thirty (30) days of the date of invoice shall be subject to interest accrued at the rate of eighteen percent (18%) per annum or at the maximum rate allowed by applicable law, whichever is less. We shall also be entitled to reimbursement from you of the expenses, including attorney’s fees, incurred in collecting any overdue payments. Any material removed by us in the performance of the work shall become our property. Our performance is conditioned upon your securing any required governmental approvals for the installation of any equipment provided hereunder and your providing our workmen with adequate electrical power at no cost to us with a safe place in which to work, and we reserve the right to discontinue our work in the building whenever in our opinion working conditions are unsafe. If overtime work is mutually agreed upon and performed, an additional charge thereof, at our usual rates for such work, shall be added to the Contract price. The performance of our work hereunder is conditioned on your performing the preparatory work and supplying the necessary data specified on the front of this proposal or in the attached specification, if any. Should we be required to make an unscheduled return to your site to begin or complete the work due to your request, acts or omissions, then such return visits shall be subject to additional charges at our current labor rates. We disclaim any responsibility for claims or damages associated with elevator service interruptions caused by or resulting from work performed by you or others retained by you to perform work. We shall retain a security interest in all material furnished hereunder and not paid for in full. You agree that a copy of this Contract may be used by us as a financing statement for the purpose of placing upon public record our interest in any material furnished hereunder, and you agree to execute a UCC-1 form or any other document reasonably requested by us for that purpose. Except insofar as your equipment may be covered by an Otis maintenance or service contract, it is agreed that we will make no examination of your equipment other than that necessary to do the work described in this Contract and assume no responsibility for any part of your equipment except that upon which work has been done under this Contract. 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 21 of 22 We do not agree under our warranty to bear the cost of repairs or replacements due to vandalism, abuse, misuse, neglect, normal wear and tear, modifications not performed by us, improper or insufficient maintenance by others, or any cause beyond our control. We shall conduct, at our own expense, the defense of any claim, suit or action alleging that, without further combination, the use by you of any equipment provided hereunder directly infringes any patent, but only on the conditions that (a) we receive prompt written notice of such claim, suit or action and full opportunity to assume the sole defense thereof, including settlement and appeals, and all information available to you for such defense; (b) said equipment is made according to a specification or design furnished by us; and (c) the claim, suit or action is brought against you. Provided all of the foregoing conditions have been met, we shall, at our own expense, either settle said claim, suit or action or shall pay all damages excluding consequential damages and costs awarded by the court therein and, if the use or resale of such equipment is finally enjoined, we shall at our option, (i) procure for you the right use of the equipment, (ii) replace the equipment with equivalent noninfringing equipment, (iii) modify the equipment so it becomes noninfringing but equivalent, or (iv) remove the equipment and refund the purchase price (if any) less a reasonable allowance for use, damage or obsolescence. Under no circumstances shall either party be liable for special, indirect, liquidated, or consequential damages or losses of any kind including, but not limited to, loss of revenues, loss of profits, loss of rents, loss of good will, loss to business opportunity, or harm to business reputation, in contract, tort, including negligence, warranty or otherwise, notwithstanding any indemnity provision to the contrary. We will use commercially reasonable efforts to complete the work set forth herein with minimal disruption to elevator service for you and your tenants (as applicable). Notwithstanding the foregoing, the parties acknowledge that delays and disruptions in service are a normal result of the type of work described herein, and notwithstanding any other representations, warranties or indemnity obligations hereunder, we will have no liability for any direct or indirect damages resulting from interruptions in elevator service during the performance of our obligations. Neither party’s liability to the other for any reason arising from this Contract shall exceed the value of the Contract Otis shall not be liable for any loss, damage, or delay nor be found to be in default or breach due to any cause beyond it’s reasonable control including, but not limited to acts of God or nature: fire: explosion; theft; floods; water; weather; traffic conditions; epidemic, pandemic, quarantine or other local, state, or federal government action in response thereto; sabotage; national emergency; act of terrorism; earthquake; riot; civil commotion; war; vandalism; national or local labor strikes, lockouts, other labor disputes; misuse, abuse, neglect, mischief, or work by others (collectively “Causes Beyond Otis’ Reasonable Control”). Otis shall be allowed a reasonable amount of additional time for the performance of the Work due to Causes Beyond Otis’ Reasonable Control. Otis’ ability to maintain scheduled job progress is further conditioned upon the timely furnishing to Otis by Customer of completed and code compliant hoistway(s) (wellway) and machine rooms, necessary approvals and power of proper characteristics for Otis’ uninterrupted use. The products and/or services being provided may result in the collection of Personal Information. The Parties will comply with applicable Data Privacy Laws as they pertain to personal information processed in connection with activity under this Contract. “Personal Information” shall mean information and data exchanged under this Contract related to an identifiable natural person. “Processing” of Personal Information shall mean the operation or set of operations whether automated or not, performed on Personal Information such as collecting, recording, organizing, structuring, storing, adapting, altering, retrieving, consulting, using, disclosing, sharing or erasing. “Controller” shall mean the party that determines the purposes and means of processing Personal Information. With respect to any Personal Information provided by you to Otis, you shall be the Controller and you warrant that you have the legal right to share such Personal Information with Otis and you shall be responsible for all obligations relating to that data, including without limitation providing notice or obtaining consent as may be required by law. Once you have lawfully provided Personal Information to Otis, you and Otis shall become co-Controllers. Otis may share such Personal Information internally, across borders and with service providers in accordance with applicable Data Privacy Laws. Otis transfers information subject to the corporate rules of its parent company. Otis may store Personal Information provided by you on servers located and accessible globally by Otis and its parent and their services providers. The parties agree to cooperate and to take reasonable commercial and legal steps to protect Personal Information against undue disclosure. In this regard each party shall notify the other in the event of a data breach, which shall include the actual or unauthorized access to or possession of, or the loss or destruction of, Personal Information, whether intentional or accidental. The party whose system was compromised in the data breach incident shall be responsible for any notifications and associated costs. Should either party receive in any form, (i) a complaint or allegation indicating a violation of applicable data privacy law, (ii) a request seeking access to correct or delete Personal Information or (iii) an inquiry or complaint related to the processing of personal information, said party shall take reasonable commercial steps to immediately notify the other party. Your remedies set forth herein are exclusive and our liability with respect to any contract, or anything done in connection therewith such as performance or breach thereof, or from the manufacture, sale, delivery, installation, repair or use of any equipment furnished under this contract, whether in contract, in tort, in warranty or otherwise, shall not exceed the price for the equipment or services rendered. It is agreed that after completion of our work, you shall be responsible for ensuring that the operation of any equipment furnished hereunder is periodically inspected. By accepting delivery of parts incorporating software you agree that the transaction is not a sale of such software but merely a license to use such software solely for operating the unit(s) for which the part was provided, not to copy or let others copy such software for any purpose whatsoever, to keep such software in confidence as a trade secret, and not to transfer possession of such part to others 11/14/2025_CLC Version (Hydro Proposal) © OTIS ELEVATOR COMPANY, 2026 All Rights Reserved Page 22 of 22 except as a part of a transfer of ownership of the equipment in which such part is installed, provided that you inform us in writing about such ownership transfer and the transferee agrees in writing to abide by the above license terms prior to any such transfer. Our work shall not include the identification, detection, abatement, encapsulation or removal of asbestos, polychlorinated biphenyl (PCB), or products or materials containing asbestos, PCB’s or other hazardous substances. In the event we encounter any such product or materials in the course of performing work, we shall have the right to discontinue our work and remove our employees from the project until you have taken the appropriate action to abate, encapsulate or remove such products or materials, and any hazards connected therewith, or until it is determined that no hazard exists (as the case may require). We shall receive an extension of time to complete the work hereunder and compensation for delays encountered as a result of such situation. This Contract constitutes the entire understanding between the parties regarding the subject matter hereof and may not be modified by any terms on your order form or any other document and supersedes any prior written or oral communication relating to the same subject. Any amendment or modifications to this Contract shall not be binding upon either party unless agreed to in writing by an authorized representative of each party. Both parties agree that any form issued by you that contains any terms that are inconsistent with those contained herein shall not modify this Contract, nor shall it constitute an acceptance of any additional terms. Crystal Gateley