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HomeMy WebLinkAbout15- Core Controls for Senior Center Boiler ReplacementPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 27th day of July, 2015, by and between the CITY OF BOZE MAN, MONTANA, a municipal corporation organized and existing under the laws of the State of Montana, 121 North Rouse Ave., Bozeman, Montana 59771, hereinafter referred to as "City," and, Core Controls, Inc., 384 Gallatin Park Dr., Suite 102, Bozeman, MT. 59715, hereinafter referred to as "Contractor." In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acluiowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services listed as the Proposal attached hereto as Attachment "A" and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate on the 30th day of September, 2015. 3. Scope of Work: Contractor will perform the work and provide the services in accordance with the details outlined in the Scope of Services listed as the Proposal that was in response to the bid request. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services listed as the Proposal submitted in response to the bid request. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amotuit listed in the Scope of Services listed as the Proposal. The City must agree in writing upon any additional charges. S. Contractor's Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Professional Services Agreement for Senior Center Boiler Replacement FY 2015 - 2016 Page 1 of 11 Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely mamier and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or forrrrats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City's persomlel policies handbook and may not be considered a City employee for workers' compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers' Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers' compensation coverage for all members and employees of Contractor's business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers' compensation coverage by an insurer licensed and authorized to provide workers' compensation insurance in the State of Montana; or (2) proof of exemption from workers' compensation granted by law for independent contractors. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in comiection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor's employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor's normal place of business and shall be made no later than the first day of services provided under Professional Services Agreement for Senior Center Boiler Replacement FY 2015 - 2016 Page 2 of 11 this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, and as such, term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take to services shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/ aiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney's fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor's agents; or (iii) the negligent, reckless, or intentional misconduct of any other third party. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and Professional Services Agreement for Senior Center Boiler Replacement FY 2015 - 2016 Page 3 of 11 expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Contractor or Contractor's agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indenunitee(s) which would otherwise exist as to such indemnitee(s). Contractor's indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor's applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the indenniitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City's performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the perforinance of this Agreement except "responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent" as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor's expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without Professional Services Agreement for Senior Center Boiler Replacement FY 2015 - 2016 Page 4 of 11 limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: ® Workers' Compensation —statutory; ® Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; ® Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; ® Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a sixty (60) day notice of cancellation or non -renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor's receipt of notice that any required insurance coverage will be terminated or Contractor's decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor's Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perforin any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor's right to proceed with all or any part of the work ("Termination Notice Due to Contractor's Fault"). The City may then take over the work and complete it, either with its own resources or by re -letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. C. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. Professional Services Agreement for Senior Center Boiler Replacement FY 2015 - 2016 Page 5 of 11 d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City's Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, mance it advisable to the City to cease work on the services provided, City may terminate this Agreement by written notice to Contractor ("Notice of Termination for City's Convenience"). The termination shall be effective in the manner specified in the Notice of Termination for City's Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City's Convenience, unless otherwise directed in the Notice, the Contractor shall discontinue services and shall do only such work as may be necessary to preserve, protect, and maintain work already completed, in progress. C. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City's Convenience, and reasonably incurred costs. It is agreed that any materials that City is obligated to purchase for the Contractor will remain the City's sole property. d. The compensation described in Section 13(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor's Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor's damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits Professional Services Agreement for Senior Center Boiler Replacement FY 2015 - 2016 Page 6 of 11 damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claire. 11. Representatives: a. City's Representative: The City's Representative for the purpose of this Agreement shall be James Goehrung (Facilities Superintendant) or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to James Goehrung as the City's Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City's Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as listed above and may receive approvals or authorization from such persons. b. Contractor's Representative: The Contractor's Representative for the purpose of this Agreement shall be Tom Milleson or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor's Representative; provided, however, that in exigent circumstances when Contractor's Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license. Professional Services Agreement for Senior Center Boiler Replacement FY 2015 - 2016 Page 7 of 11 13 Laws and Rel4ulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers' compensation laws, all environmental laws, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination: The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti -discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor 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. The Contractor shall require these nondiscrimination terrns of its sub - Contractors providing services under this agreement. 15. Intoxicants; DOT DruL, and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement. Contractor aclulowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing his employees and agents in safe work practices. 16. Modification and Assil4nability: This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party, which are not contained in this written Agreement, may be considered valid or binding. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor's rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. Professional Services Agreement for Senior Center Boiler Replacement FY 2015 - 2016 Page 8 of 11 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor's compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non -Waiver: A waiver by either party any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party's right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney's Fees and Costs: That in the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terns or conditions of this Agreement 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. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior -level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was fust raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor's indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. Professional Services Agreement for Senior Center Boiler Replacement FY 2015 - 2016 Page 9 of 11 23. Ileadinas: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana and the parties expressly agree that venue will be in Gallatin County, Montana, and no other venue. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third -Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third -party beneficiary agreement, and may not be relied upon or enforced by a thud party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Intel4ration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than June 30, 2018. * * * * END OF AGREEMENT EXCEPT FOR SIGNATURES Professional Services Agreement for Senior Center Boiler Replacement FIT 2015 - 2016 Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA By a Chris Kukulski, City Manager APPROVED AS TO FORM: By Greg S van, Bozeman City Attorney Core Control, Inc. CONTRACTOR (Type Name Above) By Print Name: Print Title: Rro i f irji ��'c3Z�lY Professional Services Agreement for Senior Center Boiler Replacement FY 2015 - 2016 Page 11 of 11 CORECA OP ID: JS ,4coRO" CERTIFICATE OF LIABILITY INSURANCE `--� DATE 612 0 1 Y) 07/16/2015 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 Stockman Insurance -Great Falls P O Box 2327 CONTACT Conn Forder NAME: ac"N Ext :406-771-2754 aC No : 406-268-8786 Great Falls, MT 59403 Conn Forder E-MAIL ADDRESS: cforder@stockmanbank.com INSURER(S) AFFORDING COVERAGE NAIC # 09/01/2015 INSURER A: United Fire Group RENTED 5O PREMISESDAMAGETO Ea occurrence $ ,OO INSURED Core Control, Inc INSURER B: Liberty Northwest Attn: Tom GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PES F—] LOC OTHER: 304 Gallatin Park Dr Ste 102 INSURER C: INSURER D: Bozeman, MT 59715 INSURER E: LIABILITY AUTO ALL OWNED X SCAUTOS HEDULED AUTOS NON -OWNED HIRED AUTOS AUTOS INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER.- THIS UMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IPOLICY L R TYPE OF INSURANCE POLICY NUMBER MM/DDI OLICY EFF EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F_X] OCCUR X 60407514 09/01/2014 09/01/2015 EACH OCCURRENCE $ 1,000,000 RENTED 5O PREMISESDAMAGETO Ea occurrence $ ,OO MED EXP (Any one person) $ 5,00 PERSONAL BADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PES F—] LOC OTHER: GENERAL AGGREGATE $ 2,000,00 PRODUCTS - COMP/OP AGG $ 2,000,00 S AANY AUTOMOBILE XX LIABILITY AUTO ALL OWNED X SCAUTOS HEDULED AUTOS NON -OWNED HIRED AUTOS AUTOS X 60407514 09/01/2014 09/01/2015 COMBINED SINGLE LIMIT r Ea accident S 1 OOO 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ A X UMBRELLA LIAB EXCESS UAB X OCCUR CLAIMS -MADE 60407514 11/25/2014 09/01/2015 EACH OCCURRENCE $ 2,000,00 AGGREGATE $ 2,000,00 DED RETENTION S $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORfPARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? F—]N (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below /A XWA1555666978 09/01/2014 09/01/2015 SPER OTH- TATUTE ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE -EA EMPLOYEd $ 1,000,000 E.L. DISEASE -POLICY LIMIT 1 $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Certificate Holder is listed as Additional Insured City of Bozeman PO Box 1230 Bozeman, MT 59771 I;ANL;tLLA I IUN 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 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD mrffffel���� Date: June 12, 2015 Customer: City of Bozeman PO Box 1230 Bozeman MT 59771 Project, Auxiliary Fan Location: Senior Center Core Control, Inc. 384 Gallatin Park Drive, Suite 102 Bozeman MT 59715 406.582.9428 V 888.582.9428 T 406.556.0165 F Submitted via: email Iwirtz@bozeman.net Scope of Work: Provide labor and materials necessary to install auxiliary roof fan to vent Lochinvar boiler proposed on 04/09/2015 and revised on 05/28/15. Estimate: TOTAL $1,800.00 This estimate is good for 30 days and is complete for all costs associated with the scope of work described. It is based on our evaluation of the requirements necessary to complete the job and contains a small contingency. We anticipate the actual costs will be slightly less but this does not constitute a guarantee of cost. If problems are identified during the installation that require services and/or materials beyond the scope of this estimate, an additional estimate will be provided before any additional work is done. Please indicate approval of this estimate and authorization of the work by signing below. Approved: Eric Fendler Signature Date Master Plumber - HVAC/Boiler Mechanic Core Control, Inc„ Is a fully licensed and Insured business. Our employees are covered by all applicable and/or required Insurance. All work will be completed in a timely and professional manner In accordance with standard practices. Materials used will be Installed as per manufacturers' recommendations. Equipment and fixtures are subject to the manufacturer's warranty and will be honored as such by our company. Payment terms are 1 %10,Net 30, unless otherwise noted. Payment In full Is due In the Core Control offico 30 days from the date of the Invoice. A 1% discount of the invoice total may be taken by the Customer it payment Is received In the Core Control office within 10 days from the date of the invoice. Past due Invoices are subject to a monthly service charge of 1.5%, and the Customer agrees to promptly pay said service charges. If Core Control commences litigation or employs attorneys to collect payment of any amounts due it from the Customer, the Customer agrees to pay reasonable allornays' fees which may be due. Page 1 of 1 61 PROPOSAL Core Control, Inc. 384 Gallatin Park Drive, Suite 102 Bozeman MT 59715 Date: 04/09/2015 (Revised 05/28/15) Customer: City of Bozeman PO Box 1230 Bozeman MT 59771 Project: Boiler Replacement Location: Senior Center 406,582,9428 V 888.582,9428 T 406.556.0165 F Submitted via: email Iwirtz@bozeman.net Scope of Work: Provide labor and materials necessary to replace existing boiler with a Lochinvar PBNO502 high efficiency boiler. Estimate includes startup of new boiler and removal / disposal of existing boiler. Core Control has been informed by Vemco, the manufacturer's representative, that the existing vent will perform properly without the use of a draft inducer. This estimate reflects that information. Estimate: LABOR $3,975.00 MATERIALS (Includes subcontractor and/or equipment charges.) $15,050.00 TOTAL $19,025.00 Deposit: A deposit of $7500,00 will be required prior to ordering of materials or commencement of work. This estimate is good for 30 days and is complete for all costs associated with the scope of work described. It is based on our evaluation of the requirements necessary to complete the job and contains a small contingency. We anticipate the actual costs will be slightly less but this does not constitute a guarantee of cost. If problems are identified during the installation that require services and/or materials beyond the scope of this estimate, an additional estimate will be provided before any additional work is done. Please indicate approval of this estimate and authorization of the work by signing below. Approved: Eric Fendler Signature Date Master Plumber - HVAC/Boiler Mechanic Core Control, Inc., is a fully licensed and insured business. Our employees are covered by all applicable and/or required Insurance. All work will be completed In a timely and professional manner In accordance with standard practices. Materials used will be installed as per manufacturers' recommendations. Equipment and limures are subject to the manufaclurees warranty and will be honored as such by our company. Payment terms are 1%to,Nel 30, unless otherwise noted. Payment in full is due in the Care Control office 30 days Irom the date of the invoice, A 1 % discount of the invoice total may be taken by the " Customer if payment is received in the Core Control office within 10 days from the dale of the Invoice. Past due Invoices are subject to a monthly service charge of 1.5%, and the Customer agrees to -� promptly pay said service charges. It Core Control commences litigation or employs attorneys to collect payment of any amounts due it from the Customer, the Customer agrees to pay reasonable attorneys' loos which may be due. Page 1 of 1 62