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HomeMy WebLinkAbout11- CTA Architects Engineers Prof. Services Agreement, Fire Station 1 Heat PadPROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of .April 22, 2011 , between THE CITY OF BO:ZEMAN, a Municipal Corporation, Bozeman, Montana, 59715 and CTA Architects Engineers, Bozeman, Montana, 59715. Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S public works improvement program. Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering services for the project. Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services for this project described in this Agreement. ARTICLE 1- ENGINEERING SERVICES 1.1. The detailed description of the specific project components is described as follows: (insert detailed project description) 1.2. The scope of services under this contract are set forth in this agreement and the attached EXHIBITS. ARTICLE 2 -ENGINEER'S RESPONSIBILITIES 2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil and structural engineering services incidental thereto. 2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans, specifications, and recommendations as designated herein. 2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of government, . public, and private organizations and shall be authorized to procure information from other authorities as to the extent of these contacts and the results thereof. 2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices. 2.5. The ENGINEER shall name a Principal -In- Charge for the duration of the project. The Principal -In- Charge shall be Scott Wilson. 16. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the OWNER. The Project Manager shall be Bill E,dden. The OWNER may name a Task Director who would be the liaison between the ENGINEER and the OWNER during the design segment of the Project. 2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress reports thereafter until the project is completed. ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER during DESIGN segment of the Project. The Task .Director designated shall be James Goehrung. 3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times.. 33 The OWNER shall make available all records (as -built drawings, construction records, utility bills, etc.) indicating the existing configuration of the city utilities. ARTICLE 4 - BASIC ENGINEERING SERVICES The ENGINEER shall render professional Engineering Services as follows: 4.1 PRE - DESIGN INVESTIGATION/ASSESSMENT PHASE After written authorization to proceed, ENGINEER shall: 4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 4.1,2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services and assist OWNER in obtaining such data or services. 4. t.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 4.1.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 4.1.5, Provide a general economic analysis of OWNER's requirements applicable to various alternatives. 4,13. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of .land and rights -of -way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for Owner. The total of all such costs, allowance, etc. are hereinafter called "Total Project Costs ". 4.1,$. Furnish 5 copies of the Study and Report documents and review them in person with OWNER, The Pre - design Investigation Phase will be completed and submitted within 7 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE 6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under sections 4.1 through 4.3 of this agreement pay a total sum in the amount of $3,830.00 for such services. 6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.1 through 4.4) shall not exceed the fallowing ceilings: $1830.00 (100 % of design fee) until the Pre- design Investigation and Preliminary Design Report have been submitted to the OWNER. 6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subpect to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the payment provisions of the Agreement. 6.1 A reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of' this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic services (4.1 through 4.4) and are not separately reimbursable. Additional Services specifically identified under the scope of design services for payment under 6.1 are not separately reimbursable. ARTICLE 7 - MEANING OF TERMS 7.1 AGREEMENT As used herein the term "this Agreement " refers to the contents of this document and its Exhibits attached hereto and referred to as if they were park of one and the same document. 7.4 REIMBURSABLE EXPENSES Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project- related items; and if authorized in advance by OWNER, overtime work requiring higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously established programs and expenses of photographic production techniques. ARTICLE 8 - PAYMENT PRO'V'ISIONS 8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the receipt of bill of the dispute. 8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing, and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed separately. 8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the charges of pre- approved independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre - approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement. ARTICLE 9 - GENERAL CONSIDERATIONS 9.1 TERMINATION OF AGREEMENT 9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER. 9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner, for services or other work performed, The equitable adjustment for any termination shall provide for payment to the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to the termination. 9.1.3 Upon receipt of a termination action under paragraph 9.1,2, the ENGINEER shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the ENGINI'EER in performing this Agreement, whether completed or in process, 9.1.1 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior to said termination shall be delivered to and become the property of the OWNER. 9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to complete the work under this Agreement. 9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law, 92 INSPECTION AND AUDIT All books. papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized representatives for audit and review, at the ENGINEE ='R'S respective offices at all reasonable times during the contract period and for three years from the date of final payment. 9.3 EMPLOYMENT The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee, . working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission. percentage, brokerage fee, gift or contingent fee, All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER. I The .ENGINEER will not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, national origin or disability in employment or provision of services. The ENGINEER shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder and the City of Bozeman's nondiscrimination policy of Commission Resolution No. 4250. 9.5 SUBLETTING OR ASSIGNING OF WORK The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER. 9.6 STANDARD OF CARE In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of eare and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER's request, re- perform the service; at its own expense. Engineer shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non- performance or the re- performance of services. The OWNE:R's rights herein are in addition to any other remedies the OWNER may have under the law. 9.7 LEGAL RELATIONS: 9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local laws and ordinances applicable to the work to be done, 9.7.2 The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors, agents and employees from and against any suit, cause of action, claim, cost, expenses, obligation and liability of any character, including attorney's fees, which is brought or asserted for any bodily injury, death, or physical damage to property received or sustained by any person, persons, property, business or any other entity, arising out of or resulting from, or in connection with the ENGINEER'S negligent performance of the work specified in this agreement. 9.7.d. The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors. agents and employees, should OWNER, its officers, directors, agents or employees be named as a defendant in any action where the OWNER'S alleged liability arises from the negligent performance of the ENGINEER'S work herein described. The obligations of the ENGINEER to defend, indemnify and hold harmless the OWNER will apply to any suit, cause of action, claim, cost or obligation including, without limitation, those alleged under the common law or pursuant to a federal or state statute or regulation including those arising in tort, trespass, nuisance, and strict liability, MA In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or liabilities as are attributable to the ENGINEER'S percent of fault as compared with 100 %"a of the fault giving rise to the damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney's fees and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. 9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities resulting from intentional misconduct by any officer, director, agent or employee in connection with the work specified in this agreement, then in that event, that party shall defend, indemnify and hold harmless the other as to any damages, costs or liabilities that result from or arise out of that intentional misconduct.. including reasonable attorney's fees and costs which shall include costs and salary of the city attorney or other in -house counsel. Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.a above, the ENGINEER agrees to defend OWNER where the OWNER'S alleged liability arises from intentional misconduct by the ENGINEER. Should the OWNER be found responsible for intentional misconduct by its own officer, director, agent or employee, then OWNER agrees to reinburse ENGINEER for the reasonable attorney's fees and costs incurred in any defense of the OWNER, 9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to worker's compensation with statutory limits, and unemployment insurance. 9,8 INSURANCE The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an additional insured, to include thirty (30) days notice of cancellation or non - renewal. Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum insurance coverage as follows: Type of Coverage Limits Employers' Liability: $ 100.000. per accident General Liability: Bodily Injury & Property Damage Single and combined $ 1,000,000. per accident General Agate: $ 2.000,000. Excess Liabilitv Covera e umbrella $1 000,000, each occurrence Automobile: Bodily Injury covering all $ 1,000.000 each person automobiles, trucks, tractors, trailers, or $ 1,000.000 each occurrence other automotive equip- ment whether owned or rented by Engineer or owned by employees of Engineer. Property Damag covering 1.00 000 each occurrence all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or rented by Engineer or owned by employees of Engineer OR bodily I.niury & Property $1,000,000 each occurrence Damage Single and combined In addition to the above insurance coverage, the ENGINEER shall secure secure and maintain, until the work is completed and accepted by the OWNER, and without naming OWNER as an additional insured, professional erros and omissions coverage as follows: Professional Errors & Omissions: $ 1,000,000 per claim and aggregate each occurrence 9.9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnished by him. MOK61 434 i! 11All) 21119141110 1 DQM 1[►`! The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by ENGINEER will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent professional associates or consultants. :files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information obtained or derived from such electronic tiles will be at the user's sole risk, 9.11 PUBLIC INFORMATION The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of the OWNER. 9.12 PROPRIETARY RIGHTS If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty -free license to use each invention in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method that may be developed as part of the work described and contemplated herein, 9.13 RECORDS The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the records available at all reasonable times during the Contract term and for one (1) year from the date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER. 9.14 SUCCESSORS IN INTEREST The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. 9.15 ATTORNEY'S FEES AND COSTS That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in -house counsel to include City Attorney. 9.16 MODIFICATIONS AND AMENDMENTS That any amendment or modification of this Contract or any provisions herein shall be rnade in writing or executed in the same manner as this original document and shall after execution become a part of this Contract. In witness Whereof, the Parties hereto do make and execute this Agreement. BY: BY: (rity Manager) (President) DATE: /C� l I DATE: 4yd 5 // ATTEST: Q BY: � � <; d � rvW (Cit ler yCY HOINESS �A P.O. Box 30638, Billings, MT 59107-0638 Phone: (406) 238-1900 or 1-800-877-0115 Certificate of Insurance Request Insured: CTA, Inc. Branch Location: (am - Requested by - r, 4� , Phone: HO(o Certificate Holder & Address: A' �1 OA Job Description: 0 S4tAin&s A-- I L # ---- ------- Lines of coverage requested: Workers Compensation tio tv Professional Liability Umbrella Liability Certificate Delivery Instructions: Send to Certificate Holder.• By Fax to: Mail to: General Liability Auto Liability -tl Send copy to Insured: By Email to: hj1�eAC V if By Fax to: Mail to: in Se"nd this request to: Vicki Evans @ Payne Financial Group in Billings, MT By email: vevansppfqworld.co By fax: 406-532-5795 If questions please call: Direct line 406-238-1929 or 800-877-0116 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES ENGINEER!S STATUS DURING CONSTRUCTION This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on, between CITY OF DOZEMAN and CTA Architects Engineers providing for professional engineering services. ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION 10.1. O'WNER'S REPRESENTATIVE ENGINEER will be OWNER!s representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER!s representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER, ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. 10.3. PROJECT REPRESENTATION If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in EXI-MIT D, A LISTING OF THE DUTIES, RESPONSIBILI'T'IES AND LEWITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents, If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Provisions of the construction Contract Document, 10.5. AUTHORIZED VARIATIONS IN WORK ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions of the Construction Contract, 10.6. REJECTING DEFECTIVE WORK ENGINEER will have authority to disapprove or .reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in the General Provisions of the construction Contract Document whether or not the work is fabricated, installed, or completed. 10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT 10.7.1. The ENGINEER"s responsibility for Shop Drawings and samples shall comply with the shop drawing provisions of the General Provisions of the construction Contract Document 10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change order provisions of the General Provisions of the construction Contract Document. 10.73. The ENGINEER's responsibilities for contractor's Application for Payment shall. comply with the payment provisions of the General Provisions of the construction Contract Document, 10.8. DETERMINATIONS FOR UNIT PRICES ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written recommendation thereon (by recommendation of an Application for Payment or otherwise) to OWNER. 10.9. DECISION ON DISPUTES 10.9.1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. written notice of each such claim, dispute and other matter shall be promptly reported and copied to the OWNER. 1.0.91. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRAC'T'OR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. 10.10. LIMITATIONS ON ENGINEER'S RESP©NSIIBILITIES 10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub - contractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 10.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed ". "as required ", "as allowed" "as approved" or terms of like effect or import are used, or the adjectives "reasonable" "suitable ", "acceptable ", "proper " or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise ). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph. 4.5.3. Client#: 2959 CTAINC ACORD,. CERTIFICATE O F LIABILITY I SURANCE D41251201 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). (PRODUCER NAME: Hoiness La Bar Insurance PHONE FA A/C No EXII: 406 - 238 -1900 A/C. No A Member of Payne Fi Croup 680241 P.O. Box 30638 ADDRESS: o c Billings, MT 59107 -0638 cusraM ID ts: 5' PERSONAL &.ADV INJURY $1,000,000 INSURER(S) AFFORDING COVERAGE NAIL# INSURED ... INSURER,: The Phoenix Insurance Company -... CTA Inc. INSURER B: St. Paul Fire & Marine Insuranc 13 North 23rd INSURER C The Charter Oak Fire Insurance $2,000,000 PO Box 1439 _. . INSURER D: Billings, MT 59101 -2467 GENT AGGREGATE LIMIT APPLIES PER: INSURE 'E $2..,..000,000 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NIIMRFP- 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 RE=SPECT 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. LTR TYPE OF INSURANCE R 6 VD POLICY NUMBER MM1DD1YYYY PO LICY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE IX OCCUR 680241 0611012010 06/10/2011 EACH OCCURRENCE m ATJITCE. TO RfiNTEO...._ PREMISES IF@ occurrence 1 $1 000 000 .t_......_.L ...__ $500,000 MED EXP (Any one Person) 5' PERSONAL &.ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - GOMP /OP AGG $2..,..000,000 POLICY M LOG $ C AUTOMOBILE X LIABILITY ANYAUTO BA2389L87710GRP 06/1012010 06/1012011 COMBINED SINGLE LIMIT (Ea accident) _ $ 1 00`0,000 BODILY INJURY (Per person) S ALL OWNED AUTOS - - BODILY INJURY (Per accldeni) 5 SCHEDULED AUTOS HIREDAUTOS X PROPERTY DAMAGE (Pereccident) S X NON -OWNED AUTOS S $ B X, UMBRELLA LIAR IV I OCCUR QK06502851 6/1012010 0611012011 EACH OCCURRENCE 510 00 1 EXCESS LIAB CLAIMS -MADE AGGREGATE $10,000,000 DEDUCTIBLE ............. - g m.... X RETENTION $ 10000 WORKERS COMPENSATION AND EMPLOYERS" LIABILITY Y / N ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA WC STATU. OTH- 9AY.hlMIT;z PR .. ..,- .....� E.L. E4GH A CCIDENT .._. - $. E.L. DISEASE - EA EMPLO �'. ...........' S (Mandatory in NH) If yes, describe under - .- E.L. DISEASE -POLICY LIMIT S DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 161, Additional Remarks Schedule, if more space is required) JOB: Heating Plant Replacement Assessment for Fire Station #1 City of Bozeman, Montana PO Box 1230 Bozeman, MT 59771 -1230 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988 -2009 ACORD CORPORATION_ All rinhtc rPSarvarl ACORD 25 (2009109) 1 of 1 The ACORD name and logo are registered marks of ACORD #S629872/M581401 VE1 Client#: 2959 CTAINC A C ORDT. CERTIFICATE OF LIABILITY INSURANCE D A TE (MM019�Y) 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, 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Hoiness LaBar Insurance PHONE FA A Member of Payne Financial Group A1C, No E111 : AIC, No: E-MAI P.O. Box 30638 ADDRESS: .--....... PRObUCER CUSTOMER ID #:. Billings, MT 59107 -0638 COMMERCIAL GENERAL LIABILITY -.. INSURER(S) AFFORDING COVERAGE NAIL# INSURED INSURERA: Continental Casualty Company '$ CTA Inc. INSURER B 13 North 23rd I NSURER C PO Box 1439 INSURER D: Billings, MT 59101 -2467 $ INSURER E ENSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NHMRER: 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 REOUtREMENT, 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 LTR TYPE OF INSURANCE DDL NSR UBR D POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS .,- GENERAL LIABILITY EACH OCC URRENCE S COMMERCIAL GENERAL LIABILITY OArn�GE TORINIE w b . PREMISES (Ea occurrance '$ MED EXP (Any one person) $ -- - CLAIMS -MADE 1:1 OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPfOP AGG S POLICY PRO- LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) S SCHEDULED AUTOS PROPERTY DAMAGE '.... (Peraccident) $ — HIRED AUTOS NON - OWNEC AUTOS ............ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAI,M5 MADE '..... AGGREGA S - S '... DEDUCTIBLE $ RETENTION S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERItvIEMBER EXCLUDED? NIA .RY...LIMI1a ''. .EB .............. E.L. EAC ACCIDENT .. ....,. �...'.. S E.L. DISE - EA EMPLO _.__..._.. $ (Mandatory in NH) If yes, descnbe under . .......... E.L. DISEASE - POLICY LIMIT _..........,..,.,..... S DESCRIPTION OF OPERATIONS below A Professional AEH008219014 0511012010 0611012011 $5,000,000 Each Claim $10,000,000 Aggregate DESCRIPTION OF OPERATIONS! LOCATIONS /VEHICLES (Attach ACORD 101., Additional Remarks Schedule, if more space is required) Maintenance Deductible Endorsement -- Ded per claim including claim expenses $200,000.00 Claims -made Prior Acts Date 5/10/1962 (See Attached Descriptions) —..1— ^4. c {ildL ... 1.F41Yk r_LLA I JUN City of Bozeman, Montana PO Box 1230 Bozeman, MT 59771 - 1230 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE igRR.. ?nf1U ar"ewn r`riporwaTlrw All rinh c rn_. - ACORD 25 (2009109) 1 of 2 The ACORD name and logo are registered marks of ACORD #S6298731M577362 VE1 DESCRIPTIONS (Continued from Page 1) Named Insured Includes: CTA Inc. CTA Architects Engineers CTA Architects Engineers DBA CTA Engineers CTA Architects Engineers DBA CTA Engineering CTA Architects Engineers DBA CTA Landworks Jones Fehlberg Associates C T A - Idaho, P.S.1 Engineering West, Inc. CTA Architects Engineers of Alaska Cushing Terrell Associates Everett 0. Terrell, AIA (Retired) Glenn-CTA Architects Engineers DBA CTA Nelson Engineering Cushing Terrell Architecture & Interiors Agency for Architecture, LLC JOB: Heating Plant Replacement Assessment for Fire Station #1 AMS 25.3 (2009109) 2 of 2 #S6298731M577362 Client#; 2959 CTAINC ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE ""I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 13Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA0 CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND„ EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)" PRODUCER Hoiness LaBar Insurance A Member of Payne Financial Group P.O. Box 36638 CON CT NAME: PHONE 466- 238 ^1906 WC No, E.O: A1C, No :. E -MAi L ADDRESS: _ GENERAL LIABILITY Billings, MT 59167- 663$ - CUSTOMER lD #: INSURER(S) AFFORDING COVERAGE .. INSURERA: NAIL INSURED 1 N t h 23rd 13 N Montana State Fund S INSURER B: Zurich American COMMERCIAL GENERAL LIABILITY INSURERc PO ... Box 1439 INSURER D ; Billings, MT 59161 -24£7 $ MED EXP (Any one person) $ INSURER E : CLAIMS -MADE EI OCCUR INSURER F : CUVERA(iES CERTIFICATE NUMBER: PFVI_Clr*kN MIIUIdU=R- 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 13Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA0 CLAIMS. C SR LTR TYPE OF INSURANCE 4DDL NSR UBR D POLICY NUMBER POLICY EFF MMlDO POLICY EXp MMIDDrYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY PREMISES Ea. occurcencs $ MED EXP (Any one person) $ CLAIMS -MADE EI OCCUR PERSONAL BADVINJURY $ GENERAL AGGREGATE S.. GEN "L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOP AGG S POLICY PRO• LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) - $ - - - -- ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) S NON -OWNED AUTOS S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE - $ EXCESS LIAB MS-MADE DEDUCTIBLE - .........— _.. - ....... _............ $ RETENTION S A B AND EMPLOYERSELIABILIITY YIN ANY PROPRIETC:RIPARTNERIEXECUTIVE E EkCLUDED? N NIA 032609786 WC959742800 1616112016 10/61/2011 X 01.3X LIMLL HR H' - . E.L $1,006,00 .,.... -. E.L. DISEASE - EA EMPLOY m...._ "._ $1 ,000,0 00 (Manda (Manda i n N ) If yes, describe under DESCRIPTION OF OPERATIONS below . - F.L. DISEA - LIMIT _.....�. ._ ...- _......... $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) ** Workers Camp Information ** Coverage for resident employees of the following states. MT, TX, LA, LIT, CO & NM. Extra territorial extension has been filed for Wyoming, North Dakota and South Dakota on the Montana (See Attached Descriptions) City of Bozeman, Montana PO Box 1230 Bozeman, MT 59771 -1230 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 19RA..20n9 ArnFln r()RPnPATInW Art rinf, +e ­., A ACORD 25 (2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD #S629874IM597358 VE1 DESCRIPTIONS (Continued from Page 1) 1 State Fund policy. JOB: Heating Plant Replacement Assessment for Fire Station #1 AMS 25.3 (2009/09) 2 of 2 #5629874IM597358