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HomeMy WebLinkAboutTR Karrels/Fire Station #19 U y t C t !AIA TM 2007 Document BIO5TM - Standard Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project AGREEMENT made as of the day of in the year (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) CITY of OSiifvoyri This document has important legal zi5 CNuR C 4 1411!'. consequences. Consultation with W4V.0$4, te1 t Skis?01 an attorney is encouraged with respect to its completion or modification. State or local law may impose requirements on contracts for home improvements. If this document will be used for Work on the Owner's residence, the ' Owner should consult local authorities or an attorney to verify requirements applicable to this and the Architect: Agreement. (Name, legal status, address and other information) T. it. 14Air.R.r 1-s 4 4$ c 4TES / 5c 1 kWaKA bWO. e541444 rdt Sinai for the following Project: (Name, location and detailed description) ci TY of eit4 KaSN +FIRE DE'P444 J STo42+4c 604 Ot AJ4 c4 - A r To .Fat= 57Wr o4 1q 000 (AV 5PJEL .L 140 cySlei�•os.4, tJ i 5 5 The Owner and Architect agree as follows. AIA Document B105TM — 2007 (formerly BI55TM — 1993). Copyright © 1993 and 2007 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 1 AIA" Document, or any portion of it, may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents. e -mail The American Institute of Architects' legal counsel, copyright @aia.org ARTICLE 1 ARCHITECT'S RESPONSIBILITIES The Architect shall provide architectural services for the Project as described in this Agreement in a manner consistent with locally accepted standards for professional skill and care. The Architect shall assist the Owner in determining consulting services required for the Project. The Architect's services include the following consulting services, if any: During the Design Phase, the Architect shall review the Owner's scope of work, budget and schedule and reach an understanding with the Owner of the Project requirements. Based on the approved Project requirements, the Architect shall develop a design. Upon the Owner's approval of the design, the Architect shall prepare Construction Documents indicating requirements for construction of the Project and shall coordinate its services with any consulting services the Owner provides. The Architect shall assist the Owner in filing documents required for the approval of governmental authorities, in obtaining proposals and in awarding contracts for construction. During the Construction Phase, the Architect shall act as the Owner's representative and provide administration of the Contract between the Owner and Contractor. The extent of the Architect's authority and responsibility during construction is described in AIA Document A105 Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project. Generally, the Architect's services during construction include interpreting the Contract Documents, reviewing the Contractor's submittals, visiting the site, reviewing and certifying payments, and rejecting nonconforming Work. ARTICLE 2 OWNER'S RESPONSIBILITIES The Owner shall provide full information about the objectives, schedule, constraints and existing conditions of the Project, and shall establish a budget that includes reasonable contingencies and meets the Project requirements. The Owner shall provide decisions and furnish required information as expeditiously as necessary for the orderly progress of the Project. The Architect shall be entitled to rely on the accuracy and completeness of the Owner's information. The Owner shall furnish consulting services not provided by the Architect, but required for the Project, such as surveying, which shall include property boundaries, topography, utilities, and wetlands information; geotechnical engineering; and environmental testing services. The Owner shall employ a Contractor, experienced in the type of Project to be constructed, to perform the construction Work and to provide price information. ARTICLE 3 USE OF DOCUMENTS Drawings, specifications and other documents prepared by the Architect are instruments of the Architect's service and are for the Owner's use solely with respect to this Project. The Architect shall retain all common law, statutory and other reserved rights, including the copyright. Upon completion of the Project or termination of this Agreement, the Owner's right to use the instruments of service shall cease. When transmitting copyright - protected information for use on the Project, the transmitting party represents that it is either the copyright owner of the information, or has permission from the copyright owner to transmit the information for its use on the Project. ARTICLE 4 TERMINATION, SUSPENSION OR ABANDONMENT In the event of termination, suspension or abandonment of the Project by the Owner, the Architect shall be compensated for services performed. The Owner's failure to make payments in accordance with this Agreement shall be considered substantial nonperformance and sufficient cause for the Architect to suspend or terminate services. Either the Architect or the Owner may terminate this Agreement after giving no less than seven days' written notice if the Project is suspended for more than 90 days, or if the other party substantially fails to perform in accordance with the terms of this Agreement. ARTICLE 5 MISCELLANEOUS PROVISIONS This Agreement shall be governed by the law of the place where the Project is located. Terms in this Agreement shall have the same meaning as those in AIA Document A105 -2007, Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project. Neither party to this Agreement shall assign the contract as a whole without written consent of the other. Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or the Architect. Init. AIA Document B105TM — 2007 (formerly B155TM — 1993). Copyright © 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 2 AIA" Document, or any portion of it. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org The Architect and Architect's consultants shall have no responsibility for the identification, discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the Project site. ARTICLE 6 PAYMENTS AND COMPENSATION TO THE ARCHITECT The Architect's Compensation shall be: a� 57 o THE_ E. A V E R4 &E VIAL-t o PSA The Owner shall pay the Architect an initial payment of Dollars ($ +" " ) as a minimum payment under this Agreement. The initial payment shall be credited to the final invoice. The Owner shall reimburse the Architect for expenses incurred in the interest of the Project, plus percent ( 5 ' %). Payments are due and payable upon receipt of the Architect's monthly invoice. Amounts unpaid ( ) days after the invoice date shall bear interest from the date payment is due at the rate of percent ( %), or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. At the request of the Owner, the Architect shall provide services not included in Article 1 for additional compensation. Such services may include providing or coordinating services of consultant& not identified in Article 1; revisions due to changes in the scope, quality or budget; evaluating changes in the Work and Contractors' requests for substitutions of materials or systems; and services not completed within ( ) months of the date of this Agreement through no fault of the Architect. ARTICLE 7 OTHER PROVISIONS (Insert descriptions of other services and modifications to the terms of this Agreement.) EA C_ D 5 gL \J( l T n • CO l►J 5 v LT-AL -r. PEES l--Ok Mu I -I 1E3 f N161 ; VAC„ ELe-cria I CA L Gll9fl (5WRI-.WJATER DIZ.O.Ir`1 46E. &RA ofL 1z5GSion" c* L) • 6 5012ACE. E x lWRA'not-J C 4 ,.43 c 1 T 7 (15 l J F F= �4�Joi r j t J . r•-I t '" i� o sj�y,orovl� pay the UabQHty who . 6TATIE FIFEs ace, mtter this cont. I' COrrlr` �r This Agreement entered into as of the day and year first written above. CITY OF OSHKOSH va•� /Cridrik 4 CCiIiZ �'l e - . (Signat ) Mark A Roil' off Cit Mgr . ARCHITECT (Signature) ,- ( �metea name and ring) 1 y r (Printed name and title) CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not l�. :5 .m :;.� • r AIA Document B105T #1 (formerly B155TM — 3). Copyright © 1993 and 2007 by The American Institute of Architects. All rights reserved. Init. WARNING: Thi • ument is pr• ected by i Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 3 AIA" Documen • ortion of i e ere civil and criminal penalties, and will be prosecuted to the maximum extent possible �w. 1 under the law. P W , ' ; - � :pr.;L iu ,• 1 o this document when completed. To report copyright violations of AIA Contract Documents, e- . ►' ' -.al c nsel, •pyright @aia.org. R OSHKOSH, WISCONSIN O DATE (MM/DDIYYYY) �gI CERTIFICATE OF LIABILITY INSURANCE OP ID LS 08/25/10 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 GUNIAGI NAME: Hughes Insurance Agency, Inc. PHONE FAX 40 W. 6th Ave raft, Ext): (A/C, No): No P. O. Box 298 ADDRESS: Oshkosh WI 54903 CUSTOMERID TRKAR -1 Phone:920- 426 -2431 Fax:920- 426 -4514 INSURER(S)AFFORDINGCOVERAGE NAIC0 INSURED INSURERA: General Casualty T R Karrels & Associates SC INSURER B: 1934 Algoma Blvd Oshkosh WI 54901 INSURERC: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR ANCE N W D TYPE OF INSURANCE , VD POLICY NUMBER (M I DIIYYYY) (MMDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 UAMAL, I UHLNI t U A X COMMERCIAL GENERAL LIABILITY CCS 0791403 01/13/10 01/13/11 PREMIS ES(Eaocciurrence) $ 300000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5000 X Business Owners PERSONAL &ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1000000 ° 1 POLICY JECT LOC $ AUTOMOBILEUABIUTY COMBINED SINGLE LIMIT $ 1000000 (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ A X HIRED AUTOS CCS 0791403 01/13/10 01/13/11 (Per accident) A X NON -OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YI TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE— E.L. EACH ACCIDENT $ — OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) CITY OF OSHKOSH & ITS OFFICERS COUNCIL MEMBERS, AGENTS, EMPLOYEES & AUTHORIZED VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED ON THE GENERAL LIANSURB INCLUDES HIRED /NON -OWNED AUTO LIABILITY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CITY OF OSHKOSH 215 CHURCH AVE Hugh J. Hughes pSHKOSH WI 54901 ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD