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Home My WebLink About12- Summit Roofing Contract for Library Reroofing Project Agreement Bozeman Public Library Reroofing Project 2/17112 CITY OF BOZEMAN, MONTANA AGREEMENT FORM THIS AGREEMENT is dated as of the 3rd day of April in the year 2092, by and between CITY OF BOZEMAN, hereinafter called OWNER, and Summit Roofing, Inc. hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, inconsideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Provide all demolition, project coordination and new construction for the reroofing of the Bozeman Public Library at 626 East Main Street, Bozeman, Montana. One of the two packages as described in the Contract Documents will be selected for execution by the Contractor and these are Package One which is a replacement of the existing hail-damaged metal roofing with new metal roofing or Package Two which is a replacement of the existing hail-damage metal roofing with thermoplastic membrane roofing. The Owner will make the decision on which package is to be executed sometime after bids are received. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Bozeman Public Library Reroofing P,roiect. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 60 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER two hundred dollars ($ 200.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE, 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum(subject to adjustment as provided in the Contract Documents) of Two hundred, ninety-four thousand, Five hundred,fifty and 001100 Dollars ($294,550.00). AGREEMENTFORM Page 1 of 5 Bozeman Public Library Reroofing Project 2117112 Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ARCHITECT. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as recommended by ARCHITECT. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, 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 Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ARCHITECT in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price,within the contracttime and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ARCHITECT written notice of all conflicts,errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by AGREEMENT FORM Page 2 of 5 Bozeman Public Library Reroofing Project 2117112 ARCHITECT is acceptable to CONTRACTOR. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Architect's Specifications, Volume One of One, and Architect's Drawings, Volumes One of Two and Two of Two. 7.4 Performance Bond, Payment Bond, and Bid Bond. 7.5 Invitation to Bid. 7.6 Instructions to Bidders and Bid Form, 7.7 Certificate(s) of Insurance. 7.8 General Conditions. 7.9 Supplementary Conditions. 7.10 Wage Rates. 7.11 Special Provisions and Measurement and Payment. 7.12 Addenda listed on the Bid forms. 7.13 CONTRACTOR'S executed Bid forms. 7.14 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.15 Notice of Award. 7.16 Notice to Proceed. 7.17 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.18 Any Notice of Partial Utilization. 7.19 Notice of Substantial Completion. 7.20 Notices of Final Completion and Acceptance. 7.21 Non-discrimination affirmation form. AGREEMENTFORM Page 3 of 5 Bozeman Public Library Reroofing Project 2117112 There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). Article 8. MISCELLANEOUS, 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms 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. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. AGREEMENTFORM Page 4 of 5 Bozeman Public Library Reroofing Project 2117112 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (CONTRACTOR) y Gr., By ��/ "i - (SEAL &) I �� lkiv (ATTEST) r Title k ��+trtPl i•l 11'f il'4y4�kt�`• (JOINT VENTURE) By (SEAL &) (ATTEST) Title Citv of Bozeman VALARIE F.ABRAHAM (OWNE P -=`-';q NOTARY PUBLIC for the ¢.p+"oTnriu+e y Skate of Montana '; SEAS Residing at By f'�` s�, J Bozeman,Montana ( ( ER) �F` Fly Commission Expires July 75,2014 (ATTEST) a' A CAS AP OV O FORM: (MY ATTO N EY) END OF AGREEMENT FORM AGREEMENTFORM Page 5 of 5