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HomeMy WebLinkAbout04- City Hall Annex - re-roof agreement with McLees Inc.% AIA Document Al 05"m - 1993 S where the Basis of Payment is a S TIPULA TED SUM This AGREEMENT is made: December 21, 2004 (Date) BETWEEN the Owner; City of Bozeman P.O. Box 1.230 ADDITIONS AND DELETIONS: Bozeman, MT 59771 The author of this document has added information needed for its and the Contractor completion. The author may also have revised the text of the original AIA standard form. An McLees Incorporated Additions and Deletions Report P.O. Box 1.080 that notes added information as Belgrade, MT 59714 well as revisions to the standard form text is available from the for the following Project: author and should be reviewed. A vertical line in the left margin of City Hall Annex - re-roof 2004 this document indicates where 34 N Rouse Ave the author has added necessary Bozeman, MT 59715 information and where the author has added to or deleted from the The Architect is: original AIA text. This document has important Comma-Q Architecture, Inc., Close Corporation fegalconsequences. 109 N Rouse Ave, 41 Consultation with an attorney Bozeman, MT 59715 is encouraged with respect to its completion or modification. The Owner and Contractor agree as follows. AIA Document A105Tu — 1993, Copyright P 1993 by The American Institute of Architects. All rights reserved, WAFKM This MA" Documorl is prMected by U.S Copy6ght Law anA hilani:01lonal Tres0es. Unauthorized repines urban or ds slrlbuion of We AM' IDocionent, or any porflon a7f it, May rMdt pa a severe d and erirninaJ penafts, sind wffi be prosecuted to the nwAnninq extent lwasiblio unidw the law, This document was produced by AIA software at 092912 on 01/24/2005 under Order No.10001229471 which expires on "/2005, and is not for resale. User Notes: (2053056839) ARTICLE 1 THE CONTRACT DOCUMENTS The Contractor shall complete the Work described in the Contract Documents fear the project. The Contract Documents consist of: .1 this Agreement signed by the Owner and Contractor; .2 AIA Document A201, General Conditions of the Contract for Construction, current edition; 3 the Drawings and Specifications prepared by the Architect, dated October 08, 2004 , and enumerated as follows: Drawings Number Title Date C-1.0 Site Plan, Cover Sheet 1018/2004 A-2.1 Roof Demo Plan 10/8/2004 A-12 Roof Plan 10/8/2004 A-2-3 Details 10/8/2004 Specifications: Section Title Pages 01010 Summary of Work 1-2 01027 Applications for Payment 1-4 01030 Alternates 1 01040 Coordination 1-3 01200 Project Meetings 1-2 01300 Submittals 1-7 01400 Quality Control 1-3 01500 Const Facilities & Temp 1-9 Controls 01600 Materials and Equipment 1-5 01700 Contract Closeout 1-3 02050 Building Demolition 1-3 06100 Rough Carpentry 1-3 07531 EPDM Single-ply Membrane 1-9 Roofing 07620 Sheet Metal Flashing and Trim 1-3 .4 addenda prepared by the Architect as follows: Number Date Pages 1 10/2512004 1 2 10/28/2004 1 3 11/1612004 1-5 4 11/18/2004 1-3 .5 written change orders or orders for minor changes in the Work issued after execution of this Agreement; and .6 other documents, if any, identified as follows: ARTICLE DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE The date of commencement shall be the date of this Agreement unless otherwise indicated below. The Contractor shall substantially complete the Work .not later than April 30, 2005 , subject to adjustment by Change Order. (In•ert the date or number of calendar days after the date of commencement.) ARTICLE 3 CONTRACT SUM § 3.1 Subject to additions and deductions by Change Order, the Contract Sum is: AIA Document A105Tm —1893. Copyright @ 1993 by The American Institute of Architects, All rights reserved, WARMNG 'i'da AW Document is prolecled by U.S, Cap yfthl Law and Mfesnzrtional DeuRres, Oa distibugonottlks ABA t ' Document, cap anyporVon of ft, may resuft In scwere doll airid edndnW pena:Wa, mid MH be jirosetmbrd to Ow mexhnuirn extem. possWle uimler the law This document was produced 2 by AIA software at 09:29'12 on 01/2412005 under Order No.10001229471 which expires on 6/912005, and is not for resale. User Notes., (2053056839) I Thirty -five Thousand Sixty-four Dollars and Zero Cents ($ 35,(164.00 ) § 12 For purposes of payment, the Contract Sum includes the following values related to portions of the Work: Portion of Work Value ($ 0,00) § 13 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. ARTICLE 4 PAYMENT § 4.1 Based on Contractor's Applications for Payment certified by the Architect, the Owner shall pay the Contractor as follows; (Here insert payment procedures and provisions for retainage, if any.) I Monthly per Contract Documents § 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the .rate of ( ) per annum or in the absence thereof, at the legal rate prevailing at the place of the Project. (UsunV laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owners and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision.) ARTICLE 5 INSURANCE § 51 The Contractor shall provide Contractor's Liability and other Insurance as follows: (Insert specific insurance required by the Owner.) Type of insurance Limit of liability ($ 0,00) § 5.2 The Owner shall provide Owner's Liability and Owner's Property Insurance as follows: { Insert specific insurancefi(mished by the Owner.) Type of insurance Limit of liability ($ 0.00) § 53 The Contractor shall obtain an endorsement to its general liability insurance policy to cover the Contractor's obligations per ATA Document A201, General Conditions of the Contract for Construction. § 5,4 Certificates of insurance shall be provided by each party showing their respective coverages prior to Commencement of the Work. ARTICLE OTHER TERMS AND CONDITIONS (Insert any other terms or conditions below.) 6.1 Insurance requirements shall be per Supplementary General Conditions pages 1 6.2 In the event that either party incurs legal expenses, including the costs, expenses, salary and fees of the in-house counsel, to include City Attorney, to enforce the terms and conditions of this Agreement, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit, including fees on appeal. AJA Document AlG"-1993. Copyright @ 1993 by The American Institute of Architects. All rights reserved, WARNiNG. Doethmmif is lmgetfod by U.S, C0PydtJh1 LaWand Intm nagionai Tr eaVes Linauthortred, reproduction or distrUniflon of this M0 DOCLU"Unt, or ainy porflon of it 3 may resuR in severe clWl and crirrflnal perieffies, and wHi be proacculed W d maxhnurn exleM �.xtssible underihe ia%lr This document was produced by AIA software at 09:29:12 on 01/24/2005 under Order No.10001 229471 which expires on 6/8/2005, and is not for resale. User Notes: (2053456839) This Agreement entered into as of the day and year first written above. (If required ky law, insert cancellation, period, disclosures or other warning stateinents above the signatures.) OWNER (Signature) Chris Kukulski, City Manager (Printed name and title) CONTRACTOR (Sfgnarure) Harold J. Stone, Senior Vice President (Printed nanie and title) LICENSE NO.: 6753A JURISDICTION: Montana AIA Document A105 —1993. Copyright G 1993 by The American Institute of ArcNtects. All rights reserved. WARMING, TNs AM" Dommno%i is twolecled by U,S. CopydgM Law and hifei nafionai �'reak-s, Unmiflho0zed reproduction or ffislidbvVon af �Ns AJA" Docuirwit, or arry povt�mi 0 ft, rersull in severs 60 and c 4 moray , riuflnat penahJes, and MH be prosecuteof to the FyiaAmum extent laossible kninder the �aw, This document was produced by AIA software at 09:29:12 on 01124/2005 under Order No. 10001 229471 which expires on 6/9/2005, and fs not for resale. User Notes: (2053056839) Additions and Deletions Report for s Document A 105 TM —1993 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text, Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any par[ of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 09:29;12 on 01/24/2005, PAGE 1 This AGREEMENT is made: December 21, 2004 !City of Bozeman P.O. Box 1.230 Bozeman, MT 59771 MeLees Incorporated P.O. Box 10'80 Bel ode NIT 59714 City Hall Annex - re-roof 2004 34 N Rouse Ave Bozeman, MT 59715 Comma- QArchitecture Inc., Close Co oration 109 N Rouse Ave, #1 Bozeman, MT 59715 PAGE 2 .2 AIA Document A20-5—,.A201 General Conditions of the Contract for . jee4� Construction, current edition; .3 the Drawings and Specifications prepared by the Architect, dated October 08, 2004 , and enumerated as follows: C-1.0 Site Plan, Cover Sheet 10/812004 A-2j Roof Demo Plan 10/8/2004 A-2.2 Roof Plan 10/812004 A-2.3 Details 10/812004 Additions and Deletions Report for AIA Document A105 — 1993. Copyright C I'M by The American instituto of Architects. All rights reserved. WAWHNG� This AW Document Is pirotected by it .h„ Copyright Law and kdemsfimwW i'ireaWs Unauthorized rep roduafion; w ftIvilbutitm of this ABA "" Document, or m�y porftn of i,f nn�q r1i'MuH in severe CNH and crimbud penaitios, and wffl he pmsecuted to The M801MUM extent possible under the Ism This document was produced by AIA software at 09:29:12 on 01/2412005 under Order No.10001229471 which expires on 6/W2005, and is not for resale. User Notes: (2053056839) 01010 Summary of Work 1-2 01027 Applications for Payment 1-4 01030 Alternates I 01040 Coordination 1-3 01200 Project Meetings 1-2 01300 Submittals 1-7 01400 Quality Control 1-3 01500 Const Facilities & Temp 1-9 Controls 01600 Materials and Equipment 1-5 01700 Contract Closeout 1-3 02050 Building Demolition 1-3 06100 Rough Carpentr 1-3 07531 EPDM Single-ply Membrane 1-9 Roofing 07620 Sheet Metal Flash�in ,and Trim 1-3 1 10/25/2004 1 2 10/28/2 1 3 11/16/200 1-5 4 11/18/2004 1-3 The date of commencement shall be the date of this Agreement unless otherwise indicated below. The Contractor shall substantially complete the Work not later than April 30, 2,005 , subject to adjustment by Change Order, PAGE 3 4-Thirty -five Thousand Sixty-four Dollars and Zero Cents ($ 35,064.00) Monthlv ver Contract Documents § 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate of per _annum , or in the absence thereof, at the legal rate prevailing at the place of the Project. § 5.3 The Contractor shall obtain an endorsement to its general liability insurance policy to cover the Contractor's obligations under Seefieft X,44-4-per AIA Document A249-5-,-A2.01 General Conditions of the Contract for C-Offitruetion of SfRall Pf-aj ets;Construction- 6,1 Insurance requirements shall be per Supplementary General Conditions pages .1-3 Additions and Deletions Report for AIA Document At 05'm — 1993. Copyright 9) 1993 by The American Institute of Architects. AN rights reserved. WAMMI'Ma ANA' Doethmenths prntecIM 11 U.5, Coppigh I imv =d kriernational rreafies, or' (fighibUtion of Ms Me 0 0CB � Ar&jee% or ' arjy pofjrlon O f irk , may rkoAM in severn Ovif and crim1h periMfies, andwifl be proseculpd to nie Vviamhnurn Word pemsible undev 2 the faviv. This document was produced by AIA software at 0929A2 on 0112412005 under Order No .10001229471 which expires on 6/9/2005, and is not for resale. User Notes; (2053056839) 6.2 In the event that either party incurs le al expenses, including the costs expenses, salar and fees of the in -house counsel to include City Attorney. to enforce the terms and conditions of this Agreement, the prevailing party is entitled to recover reasonable attome 's fees and other costs and expenses, whether the same are incurred with or without suit, including fees on appeal. PAGE 4 Chris Kukulski, City Manager Harold J. Storm, Senior Vice President LICENSE LICENSE NO.: 6753A TT TQTCM Ti"rrTnXT- JURISDICTION: Montana Additions and Deletions Report for AIA. Document A10Vm —1993. Copyright 0,)1993 by The Ame6can Institute of Architects. All rights reserved. s 9 d �` Sat tt nl Treaaaes, Unauthorized repnxf Anion or a LMtw"wbUfiwrwv Of thita A'�it`uiN^i '11"9 °alr Ai t:cvaanoavi m,. waxaiea ^tanl d Id t.� o nr l��at lorr nma d hvlernetlon MA" Document, ent, ow any portlion of H, rn ayl rernit an severe 00 and edm final ponaltwa;oµ, vaind "Weil@ be prosecuted to 1110 o°naaeawnrum extent domoblio tmdem the 9avv, This documentwas produced by AIA software at 09:29:12 on 01124/2005 under Order No.1000122947 1 which expires on 6/9/2005, and is not for resale. User Notes: (2053056839) A A 0 Document D401 Im — 2003 1, Ben Lloyd, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 09:29:12 on 01/24/2005 under Order No. 10001229471 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA' A105"m — 1993 - Standard Form of Agreement Between Owner and Contractor for a Small Project where the Basis of Payment is a STIPULATED SUM, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) Z== (Dated) AIA Document 0401Tm-2003. CopyfightC 1992 and 2003 by The American Institute of Architects. All rights reserved, WIARNWG� "Mis AM" Document Ns prokeaW by US. Capyrigil Lamer and Inteii naflional i reafies, Unauthorized reproduction or disl6buflwi of Hus AW I)DCUMolt, Or Ony porton of it, may result in sevem eivfl and c6knfiriW poneffies, and M11 be ipn to the maximum exter possfl)la under the Illaw, This document was produced by AIA software at 09:29 an 01124/2005 under Order No.1 0001 229471 which expires on 61912005, and is not for resale. User Notes (2053056839)