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HomeMy WebLinkAbout05- Story Mansion exterior stabilization Agreement with R & R TaylorAIA DocumentA101"'-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a S TIPULA TED SUM AGREEMENT made as of the Sixth day of June in the year of Two Thousand and Five (In words, indicate day, month and year) BETWEEN the Owner: (Nance, address and other information) City of Bozeman ADDITIONS AND DELETIONS: P.O, Box 1230 The author of this document has Bozeman, MT 59771 added information needed for its completion. The author may also have revised the text of the original AIA standard form. An and the Contractor: Additions and Deletions Report (Name, address and other information) that notes added information as well as revisions to the standard R&R Taylor Construction, Inc form text is available from the P.O. Box 1234 author and should be reviewed. Bozeman, NTT 59771-1234 A vertical line in the ieft margin of Telephone Number (406) 587-4451 this document indicates where Fax Number (406) 586-7508 the author has added necessary information and where the author The Project is: has added to or deleted from the (Name and location) original AIA text. This document has important Exterior Stabilization - The Historic T.B. Story Mansion and Carriage House iegal consequences. 811 South Willson Avenue Consultation with an attorney Bozeman, MT 59715 is encouraged with respect to its completion or modification. The Architect is: (Name, address and other information) AIA Document A201-1997, General Conditions of the CoTnrria-Q Architecture, Inc. Contract for Construction, is 109 N Rouse Ave, #1 adopted in this document by Bozeman, MT 59715 reference. Do not use with other Telephone Number: 585-1112 general conditions unless this document is modified. Fax Number: 585-5518 This document has been The Owner and Contractor agree as follows. approved and endorsed by The Associated General Contractors of America, AIA DocumentAiDlym - -1987, Copyright 01915,1918,1925,1937, 1951 , 1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNNG. MA" Docwrwrn ls i1protucted by U,S,, Golayrrght Law and Internaftwall 1re4ttlfm, Unauffiarlzed mprodu clJon. or ft-t0bullon or Oft AIA Docummt, or any pa on of Ii, nisy result M severe 00 arid orhialraW penalties, anid o,141111 be prortmined to the maximurn extent passlWe under Who loam, This document was produced by AIA software at 10:0228 on 06117/2005 under Order No.1 0001834611 which expires on 611312006, and is not for resale. User Notes. (1923042185) ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein, The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either Written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner_ (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) June 20, 2005 If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other ,security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than days from the date of commencement, or as follows! (Insert number of calendar days. Alternatively, a calendar date ntay he used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements far earlier Substantial Completion of certain portions of the Work) I The Contractor shall achieve Substantial Completion of the entire Work not later than September 23, 2005 Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents, (Insert provisions. if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) The Owner may deduct from the arnourill otherwise due to the Contractor, one hundred dollars per day ($100.00) for each day beyond the Substantial Completion date that the work has not been completed, and also agrees that to the extent that it is not possible to make such deductions from the amount due the Contractor, the Contractor will pay the Owner the amount written above for each day the work has not been completed. ARTICLE 4 CONTRACT SUM § 4,1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Four Hundred Seventy-six Thousand Seven Hundred Eighty-one Dollars and Zero Cents ($ 476,781.00), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner. AIA Document A101T 11 -1997. Copyright c1915, 1918, 1 9 2 5,1937,1951,1958,1961,1963,1967,1974,1977, 1987, 1991 and 1997 by The American Institute of Architects. A11 rights reserved. WARNING: i AM" Document ills pilvtWed by ip S, Cupyright Law and Unauthorized reproduction or distrilkwHion of thiis Ale Document, or any portim gat h, may resuft in severe chdi and cflndinsll penalties, and W11 be 2 prosecutf.4 to the maxlirnurn extem poasliWe under the lam This document was produced by AIA software at 10:0228 on 06117/2005 under order 1000183461 1 which expires on 6/1312006, and is not (or resale. User Notes, (19230421851 (State file numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount, for each and the date when that amount expires) none 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5J .2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an .Application for Payment is received by the Architect not later than the Thirtieth day of a month, the Owner shall make payment to the Contractor not later than the Tenth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Twenty--one ( 21 ) days after the Architect receives the Application for Payment. § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment- § 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment, § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5.00% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3,8 of ATA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5.00% ); .3 Subtract the aggregate of previous payments made by the Owner and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of ATA Document A201-1997, AIA Document A10IM-1997. Copyright C1915,1918,1925,1937,1951,1958, 1961,1960,1967,1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNWG� rhbr A10 Dorument �s prute6ted by US, CoilOaht Low and Weirnational 7reades, Unsulhorized mproduclion or 09WbuMon of VMS A10 LXcumenl, or ar pardon of ft, may resuft la swwerre e4vfland crWnal peftWtles, sg%d will be 3 prosernited to the maAawrn extent possVe under the Ilinw This document was produced by AIA software at 10:02:26 on 06/17/2005 under Order No.1000183481 which expires on 611312006, and is not for resale, User Notes: (1923042185) § 5.1.7 The progress payment amount determined in accordance with Section 5. 1. 6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) 1 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9, 103 of AIA Document A201-1997. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (ff it is intended, prior to Substantial Completion of the entire Work to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) In accordance with State Law governing Gross Receipts Withholding, the Owner will withhold I percent of the amount due on each payment and transmit such amount to the State Department of Revenue. § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: J the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12,2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect, 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION § 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997, § 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located, (Insert rate of interest agreed upon, if any.) ) per annum AIA Document A1(J1Tm-1997.Copyrlqht 01915,1918,1925,1937, 7 1951,1958,1961,1963, 1967,1974,1977,1987,4991 and 1997 by The American Institute of Architects. All rights reserved. YVARMNG- rhis Ate Docurnerrit Cs pmtrirted by U.S. Copyright Law skad Uhautharized reproduction or dWribuillm W this 140 Docurre-ot, 01" any fPoWan of ft, nwaV result In severe civil alud whfflnW per[sWes, and Mlif he 4 prosecuted to Who reraximum Want pc=Rft under the kim This document was produced by AIA software at 10:02:28 on 0611712005 under order No.1 000 1 83461 — 1 which expires on 6!1912006, and is not for resale. User Notes, (1923042185) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and else may affect the validity oj'this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 The Owner's representative is: (Name, address and other information) James Gochrung P.O. Box 1230 Bozeman, MT 59771 Telephone Number: 582-2264 JGoehrung@BOZEMAN.NET § 7.4 The Contractor's representative is: (Name, address and other information) Russell L. Olsen P.O. Box 1234 Bozeman, MT 59771-1234 Mobile Number: (406) 539-5882 russ @rrtaylorconst.com § 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 7.6 Other provisions: 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. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 8.1,11 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and. Conti-actor, AIA Document Al 01 -1997. § 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997. § 8.13 The Supplementary and other Conditions of the Conti-act are those contained in the Project Manual dated April 18, 2005 , and are as follows Document Title Pages Project Manual - Part 2 Agreement & General Conditions of the Project § 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Section Part 1 Title Pages Legal and Procedural AIA Document A101T 01915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARMING 110s MA Document Is pvotecte-d by US. CorlRight Law andl faiternaftnal TrenWes, Unnuttwi1zed reprodueflon or ftiftuflon of this A10 Uactiment, or arty portp of 0, knaY resuft In Severe OV111 and orhMnall pe"aftles, and wH11 be 5 prosecuted W the maximurn Went UmsOullie under the JaWr. This document was produced by AIA software at 10:02:28 on 0611712005 under Order NoA tW01 a,3461 — 1 which expires on 0312006, and is not for resale. User Notes: (1923042185) § 8.1,5 The Drawings are as follows, and are dated April 18, 2005 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this AgreententJ Number Cµ1.0 A-2.1 A -3.1 A-3.2 A-3.3 A-3.4 A-3.5 A-3.6 A-4.1 A-5.1 H-1A III § S. 1 .6 The Addenda, if any, are as follows -, Title Documents Cover Sheet Site Plan Part 2 Agreement & General 4/18/2005 Mansion North Elevation Conditions of the Project Mansion West Elevation Part 3 Detailed Specification 4/18/2005 Mansion East Elevation Requirements Carriage House Elevations 01010 Summary of Work 1-2 10.127 Applications for Payment 1-4 01040 Coordination 1-3 01200 Project Meetings 1-2 01300 Submittals 1-7 01400 Quality Control 1-3 01500 Construction Facilities and 1-9 Temporary Controls 01585 Project Signs 1-2 01600 Materials and Equipment 1-5 01700 Contract Closeout 1-3 02070 Selective Demolition 1-2 02095 Lead-based Paint Abatement 1-21 02220 Excavation 1_10 03300 Cast-in-Place Concrete 1-15 04100 Mortar and Masonry Grout 1-2 04510 Masonry Cleaning 1-9 04520 Masonry Restoration 1-8 05700 Ornamental Metal 1-6 06100 Rough Carpentry 1-3 06098 Historical Carpentry and 1-2 Millwork 07317 Wood Shingles 1-2 07572 Pedestrian Traffic Coatings 1-4 07620 Sheet Metal Flashing and 1-3 Trim 07901 Joint Sealants 1-7 09900 Painting 1-7 § 8.1,5 The Drawings are as follows, and are dated April 18, 2005 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this AgreententJ Number Cµ1.0 A-2.1 A -3.1 A-3.2 A-3.3 A-3.4 A-3.5 A-3.6 A-4.1 A-5.1 H-1A III § S. 1 .6 The Addenda, if any, are as follows -, Title Date Cover Sheet Site Plan 4/1812005 .Deck Plans 4/18/2005 Mansion North Elevation 4/1 812005 Mansion West Elevation 4/18/2005 Mansion South Elevation 4/18/2005 Mansion East Elevation 4/18/20)5 Carriage House Elevations 4/18/2005 Carriage House Elevations 4/18/2005 Details 4/19/2005 South Entry Ramp 4/18/2005 Lead-based Paint Abatement 4/18/2005 Mansion Lead-based Paint Abatement 4/18/2005 Carriage House AIA Document A101T'w —1997. Copyright 01915, 1918,1925,1937,1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARRIM.Pils AIA Documerd is pvotectad 4V U,S.r COPYII'Ilgp�t Law and ffiteirnallonal Trestfe.s. UnwAoflzed or disirthuttan of this AIIA 0 Docuem, ar my partbn of PI, may resuft fn severe dA and crim[rW pec"Affes, and WH he 6 prosimuted hi the maximuin extent t vssityle under the 8aor, This document was produced by AIA software at 10:02:28 an 0 6/1 71200 5 under Order NoA 000183461 1 which expires on 6113/2006, and is not for resale. User Notes, (1923042185) Number Date Pages 1 5/4/2005 2 5/17/2005 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. § V .7 other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201 - 1997provid;s that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement, 711ey should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original Z� copies, of which one is to be delivered to the Contractor, one o c Arcbite t for use in the administration of the Contract, and the remainder to the Owner. A ' . OWNER (Signature) Contractor, ( Ignature) Chris Kukulski, City Manager (Printed name and title) Russell L. Olsen, President (Printed name and title) AIA Document AIM 'IN —1997. Copyright ( 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNMI': I Ma AJA Document la pmts ted by UZ, Copyright Law and thternailanal TreaVe&, Uvwnpthorlzed reproductron or dRstrfludlon of this AIAP Dccum,Dnt, ot any porqjMn of it, may resuh tln SeVere dWIl and cHmInal jpenaides, and wHIf im- firusewftxi to the max[rvkum e4wit possible under tha New. This document was produced by AIA software at 10:0228 on 06/1712005 under Order No.1000183461 -. ,I which expires on 6/1"006, and is not for resale. User Notes, (1923042185) # WhImMy =03 F.'� 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 part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 10:02:28 on 06/17/2005. PAGE I AGREEMENT made as of the Sixth day of June in the year of Two Thousand an Five &y of Bozeirtan P.O. Box 1 Bozeman, MT 59771 i &R Taylor Construction, Inc P.O. Box 1234 Bozeman, MT 59771-1234 Telephone Number. (406) 587-4451 Fax Number: (4U6 ,586-7508 Exterior Stabilization - The Historic T.B. Story Mansion and Carriage House 811 South Willson Avenue Bozeman, MT 59715 Comma -0 Architecture. Inc. 109 N Rouse Ave, #1 Bozeman, MT 59715 Telephone Number: 585-1112 Fax Number: 585-5518 PAGE 2 June 20, 2005 The Contractor shall achieve Substantial CoLnipletion of the entire Work not later than Senternber 23. 2005 The Owner ma y deduct from the amount otherwise due to the Contractor one hundred dollars per dgy ($ 100.00) for each day beyond the Substantial Completion date ,that the work has not been corrinleted, and also agrees that to the Additions and Deletions Report for AIA Document A101- — 1997. Copyright (Dl9lS,l9l8,l925,1937,1951,1958,1961,1963,1967,1974,1977, 987, 199'1 and 1997 by The American Institute of Architects. All rights reserved. WARNHIG,"ThIsAIA Docum ent N protected 4Y kks" cup yNight LOW and WernathoW "I i realles. Llnewhadzed rSPr0dUCV011 Or dUarlbutlon of this AM" DocurrieM, or arwy por0arr of R, may result In severe cN➢ and c0mkial pcowtitles, and W19 be pi to the nnaAmuna exteird posr,1111ale undw 1ho Paw. This document was produced by AlAsoftware at 111.02128 on 06/17M05 under Order No, 1 000163461 ,,1 which expires an 6/13/2006, and is not for resale. User Notes: (1923042185) extent that it is not possible to make such deductions from the amount due the Contractor the ,Contractor will Pay the Owner the amount written above for each ,.day the work has not beeL� com § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Fo Seven! -six Thousand Seven Hundred Eighty-one Dollars and Zero Cents ($ 4"76,78.1.00 ), subject to additions and deductions as provided in the Contract Documents. PAGE 3 none § 51.3 Provided that an Application for Payment is received by the Architect not later than the Thirtieth day of a month, the Owner shall make payment to the Contractor not later than the Tenth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Twenty-one ( 21 ) days after the Architect receives the Application for Payment. .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percen ( 5.t}0°/a ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percen ( JQn ); PAGE 4 In accordance with State Law governing Gross Receipts Withholding. the Owner will withhold I percent of the amount due on each payment and transmit such amount to the State Department of Revenue, per annu PAGE 5 James Goehrung P.O. Box 1230 Bozeman, MT 59771 Telephone Number: 582-2264 JGoehrung@B0ZEMAN,NET Russell L. Olsen P.O. Box 1234 Bozeman, MT 59771-1234 Mobile Number: (406) 539-5882 ;uss @fftaylarconstco Additions and Deletions Report for AIA Document A1101 —1997, Copyright 01915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977, 1987,19B1 and 1997 by The American Institute of Architects. All rights reserved. WARNIMTMs A10 Documani Os protected, by U Ci)pVrlght t acs and Internaflorird1regiVes, U"stfthartzed rep rmlt ajlon or fttgJk)L6i)n aft MsAIA Document, or ariy parftn of ft, may reflult In severe dyll and 2 cRiminat periattles, andoWH be Wosecuted to Um unaximurn Pztont pawftla under the taw. This document was produced by AlA software at 10:02:28 an 06/17/2005 under Order No.1000183461_1 which expires on 6/13/2006, and is not for resale, User Notes, (1923042185) 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. § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated April 19, 2005 , and are as follows Project Manual - Part 2 Agreement & General Conditions of the Project Part I Legal and Procedural Documents PAGE 6 Part 2 Agreement & General Conditions of the Project Part 3 Detailed Specification Requirements 01010 Summary of Work 1-2 10127 Applications fo r Pa rn�ent 1-4 01040 Coordination 1 - 01200 Project Meetings 1-2 01300 Submittals 1-7 01400 Quality Control 1-3 01500 Construction Facilities and 1-9 Temporary Controls 01585 Project Signs 1-2 01600 Materials and FQuipmen 1-5 01700 Contract Closeout 1-3 02070 Selective Demolition 1-2 02095 Lead-based Paint Abatement t-21 02220 Excavation 1-10 03300 Cast -in -Place Concrete 1-15 04100 Mortar and Masonry Grou 1 04510 Masonry Cleaning 1-9 04520 Masonry Restoration 1-8 Additions and Deletions Report for AIA Document A101- — 1997. Copyright 91915, 1918, 1925, 1937, 1951, 1958, 1961, 1963,1967,1974,1977, 1987, 1991 and 1997 by The American institute of Architects. All rights reserved. WARNINGr This AIIA"" Doclarterg Is protected by US. Copyftht 11 mAir and InterinAldlorwal Trealles. Unauthorized rcliroduellion or dIaRribWon of this AW Document, or any partkoiit of r, mss rt jr, q0verC, CjVVt TWd 3 orknkial penalVeN, and %Q1 be proseculed to the wruWrnkvwn extentr passrt W unidw the Nw. This document was produced by AIA software at 10:02:28 on 06/1712005 under Order No.1 0001834611 which expires on 6/13)2006, and is not for resale. User Notes,. (1923042185) 05700 Ornamental Metal 1-6 06100 Rough Carventry 1-3 06098 Historical Carpentry and 1-2 Millwork 07317 Wood Shingles 1-2 07572 Pedestrian Traffic 1-4 07620 Sheet Metal Flashiny, and 1-3 Trim 07901 Joint Sealants 1-7 09900 Painting 1-7 8.1.5 The Drawings are as follows, and are dated April 18, 2005 unless a different date is shown below: C-Lo Cover Sheet Site Plan 4/1812005 A-2.1 Deck Plans 4118/2005 A-M Mansion North Elevation 4/18/2005 A-3.2 Mansion West Elevation 4/18/2005 A-3.3 Mansion South Elevation 4/18/2005 A-3.4 Mansion East Elevation 4/ [ 8/2005 A-3.5 Carriage House Elevations 4/19/2005 A-3.6 Carriage House Elevations 4118/2005 A-4.1 Details 4118/2005 A-5.1 South Entry Ramp, 4/18/2005 Lead-based Paint Abatemen 4/18/2005 Mansion H-1.2 Lead-based Paint Abatement 4/1812005 Carriage House PAGE 7 5/4/2005 2 5/1712005 5 Chris Kukulski, QX Manager Russell L. Olsen, President Additions and Deletions Report for AIA Document A101TN-1997. Copyright C)1915,1918,1925,1937,1951,195B, 1961, 1963. 1967, 1974, 1977, 1987, 1891 and 1997 by The American Institute of Architects. All rights reserved. WARNIMM This MA DoWneint hs pu atected bp US. Copyright Law and Mernadivial Treatles. Unmr1horized repraduMnri or dlstrRoMon of Ms AI DOM Merk, or eqtii porVan of it, may result In se vere cMI aind 4 r ivnaWes, avid wiff be prosecuted to the madmum exterd pasMble under the law This document was produced by AIA software at 10;02:28 on 0611712005 under Order No. 100018346 1_1 which expires an 6113/2006, and is not for resale, User Notes, (1923042185) Certification of Document's Authenticity A1A@ Document D401 — 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 tO:02:28 on 06/17/2005 under Order No. t0001 834611 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document A.1 OlTm —1997 - Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SM as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report, (Signed) (Title) & / 17 /Os (Dated) AIA Document 0401"ni-2003. Copyright 01992 and 2003 by The American Institute of Architects. All rights reserved. WARNHMt 'TMsAW lm)acurrerg is protected by US. CoplOght Low and UnautharUed repruduction or dharksWori or t1ils MA Docurnwit, or any parftn of tlt, rnaly result in severe 010 and wirninal pehaMes, and wM be pro spouted to the maidinurn exient possiWo undw the Ww. This document was produced by AIA software at 10:02:28 on 06/1' 7/2005 under Order No.10001 83461_1 which expires on 6113/2006, and is not for resale. User Notes: (1923042185)