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RESOLUTION
RE: APPROVE ARCHITECTURAL AGREEMENT WITH GROWLING BEAR COMPANY, INC. AND
AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Architectural Agreement
between Weld County, Colorado, and Growling Bear Company, Inc. , commencing March
29, 1993, and ending May 29, 1993, with the further terms and conditions being
as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said
agreement, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Architectural Agreement between Weld County, Colorado,
and Growling Bear Company, Inc. be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 31st day of March, A.D. , 1993, nunc pro tunc
March 29, 1993.
ti BOARD OF COUNTY COMMISSIONERS
ATTEST: 4/4/174.2 WEL COUNTY, COLORADO
721
Weld County Clerk to the Board /146„.1.4
Constance Constance bert, Chairman
BY: IOL k a 22 Y Deputy erk to the Board W. Webster, Pr �Tem
APPROV AS TO FORM: �- .. C
/ e iE.unty Attorney <� Dal g K. all
A.:
arbara J. Kirkmeye
930275
L=LbC)C4 CC , 67-64/ t>sset'.
1.
THE AMERICAN INSTITUTE OF ARCHITECTS
NA Document A107
ABBREVIATED FORM OF AGREEMENT BETWEEN
OWNER AND CONTRACTOR
For CONSTRUCTION PROJECTS OF LIMITED SCOPE where
the Basis of Payment is a STIPULATED SUM
1978 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
This document includes abbreviated General Conditions and should not be used with other General Conditions. It has been
approved and endorsed by The Associated General Contractors of America.
AGREEMENT
Made as of the 24TH day of MARCH in the year of Nineteen Hundred and 93.
BETWEEN the Owner. WELD COUNTY COMMISSIONER
915 10TH STREET
GREELEY, CO 80631
and the Contractor GROWLING BEAR CO. (INC.)
6310 W. 10TH STREET, UNIT #4
GREELEY, CO 80634
the Project: WELD COUNTY LIBRARY LOBBY RENOVATION
the Architect: BLEY ASSOCIATES ARCHITECTS
2020 CLUBHOUSE DR.
GREELEY, CO 80631
The Owner and the Contractor agree as set forth below.
A107-1978 1
930275
ARTICLE 1
THE WORK
1.1 The Contractor shall perform all the work required by the Contract Documents for
(Here insert the caption descriptive of the Work as used on other
Contract Documents.)
The aforementioned Contractor agrees to complete all work as detailed by said architect less the agreed
upon deductions-All carpeting, rubber flooring, signage, electrical modifications, acoustic ceiling
modifications, deletion of acoustical wall panels.
ARTICLE 2
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
2.1 The Work to be performed under this contract shall be commenced March 29th. 1993
and, subject to authorized adjustments, Substantial Completion shall be achieved not later
than May 29. 1993.
(Here insert any special provisions for liquidated damages relating to failure to complete on time.)
ARTICLE 3
CONTRACT SUM
3.1 The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions
and deductions by Change Order as provided in the Contract Documents, the Contract Sum of
Fourty Six Thousand Four Hundred Fifteen Dollars & 00/100 - $46,415
3.2 The Contract Sum is determined as follows:
(State here the base bid or other lump sum amount, accepted altemates, and unit prices, as applicable.)
Base bid 57,800.00
Deduct Rubber Flooring -3,200.00
Change Acoustical Cig. - 590.00
Deduct Carpet -2,130.00
Deduct Signage - 715.00
Change light Fixtures -1,500.00
Deduct Acoustic Wall Panels -2,000.00
Deduct Overhead & Profit -1250.00
New Contract Sum 46,415.00
A107-1978 2 9302'75
ARTICLE 4
PROGRESS PAYMENTS
4.1 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 in the Contract Documents for the period ending the 25th day of the month as
follows:
(Here insert payment procedures and provision for retainage, if any.) 10% Retainage
4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due
at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project.
(Here insert any rate of interest agreed upon.) 10%
(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 elsewhere may affect the validity of this provision. Specific legal advice should be obtained with
respect to deletion, modification, or other requirements such as written disclosure or waivers.)
ARTICLE 5
FINAL PAYMENT
5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to
the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for
Payment has been issued by the Architect.
ARTICLE 6
ENUMERATION OF CONTRACT DOCUMENTS
6.1 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor,
are listed in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as
follows:
(List below the Agreement, the Conditions of the Contract, [General, Supplementary, and other
Conditions],the Drawings,the Specifications,and any Addenda and accepted altemates,showing page
or sheet numbers in all cases and dates where applicable.)
Drawings titled Al, A2, A3, A4, A5, & A6 As drawn & dated January 6, 1993 by Bley Associates,
Architects. Excluding all altemate deducts as enumerated in Article 3, Section 3.2.
930275
A107-1978 3
GENERAL CONDITIONS
ARTICLE 7 Lion of the Contractor's Applications for Payment, the
CONTRACT DOCUMENTS Architect will determine the amounts owing to the Con-
tractor and will issue Certificates for Payment In accord-
7.1 The Contract Documents consist of this Agreement ance with Article 15.
with General Conditions,Supplementary and other Condi• 8.5 The Architect will be the interpreter of the require-
tions, the Drawings, the Specifications,all Addenda issued ments of the Contract Documents. He will make decisions
prior to the execution of this Agreement, and all Modifi• on all claims, disputes or other matters in question be-
cations issued by the Architect after execution of the tween the Contractor and the Owner, but he will not be
Contract such as Change Orders, written interpretations liable for the results of any interpretation or decision ren•
and written orders for minor changes in the Work. The dered in good faith. The Architect's decisions in matters
intent of the Contract Documents is to include all items relating to artistic effect will be final if consistent with the
necessary (or the proper execution and completion of the intent of the Contract Documents. All other decisions of
Work. The Contract Documents are complementary, and the Architect, except those which have been waived by
what is required by any one shall be as binding as if re- the making or acceptance of final payment, shall be sub-
quired by all. Work not covered in the Contract Docu- ject to arbitration upon the written demand of either
rnents will not be required unless It is consistent therewith party.
and reasonably inferable therefrom as being necessary to 8.6 The Architect will have authority to reject Work
produce the intended results. which does not conform to the Contract Documents.
7.2 Nothing contained in the Contract Documents shall 8.7 The Architect will review and approve or take other
create any contractual relationship between the Owner or appropriate action upon the Contractor's submittals such
the Architect and any Subcontractor or Sub-subcontractor. as Shop Drawings, Product Data and Samples, but only for
7.3 By executing the Contract, the Contractor represents conformance with the design concept of the Work and
that he has visited the site and familiarized himself with with the information given in the Contract Documents.
the local conditions under which the Work is to be
performed. ARTICLE 9
7.4 The Work comprises the completed construction re- OWNER
quired by the Contract Documents and includes all labor 9.1 The Owner shall furnish all surveys and a legal de-
necessary to produce such construction, and all materials scription of the site.
and equipment Incorporated or to be incorporated in p
such construction. 9.2 Except as provided in Paragraph 10.5, the Owner
shall secure and pay for necessary approvals, easements,
ARTICLE 8 assessments and charges required for the construction, use
or occupancy of permanent structures or permanent
ARCHITECT changes in existing facilities.
8.1 The Architect will provide administration of the Con- 9.3 The Owner shall forward all instructions to the Con•
tract and will be the Owner's representative during con- tractor through the Architect.
struction and until final payment Is due. 9.4 II the Contractor fails to correct defective Work or
82 The Architect shall at all times have access to the persistently fails to carry out the Work in accordance with
Work wherever it is in preparation and progress. the Contract Documents, the Owner, by a written order,
may order the Contractor to stop the Work, or any por-
83 The Architect will visit the site at intervals appropri-
ate to the stage of construction to familiarize himself gen•
eliminated; however, this right of the Owner to stop the
lion thereof, until the cause for such order has been
erally with the progress and quality of the Work and to
Work shall not give rise to any duty on the part of the •
determine in general if the Work is proceeding in accord-
Owner to exercise this right for the benefit of the Con-
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tect will not be required to make exhaustive or continu-
ous on-site inspections to check the quality or quantity of ARTICLE 10
the Work. On the basis of his on-site observations as an CONTRACTOR
architect, he will keep the Owner informed of the prog-
Tess of the Work, and will endeavor to guard the Owner 10.1 The Contractor shall supervise and direct the Work,
against defects and deficiencies in the Work of the Con- using his best skill and attention and he shall be solely
tractor. The Architect will not have control or charge of responsible for all construction means, methods, tech-
and will not be responsible for construction means, meth- niques, sequences and procedures and for coordinating
ods, techniques, sequences or procedure, or for safety all portions of the Work under the Contract.
precautions and programs in connection with the Work, 10.2 Unless otherwise specifically provided in the Con-
and he will not be responsible for the Contractor's failure tract Documents, the Contractor shall provide and pay for
to carry out the Work in accordance with the Contract all labor. materials, equipment, tools, construction equip.
Documents. ment and machinery, water, heat, utilities, transportation,
8.4 Based on the Architect's observations and an evalua- and other facilities and services necessary for the proper
AIA DOCUMENT A107 • ABBREVIATED OwNER•CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIAO
o 1S7$ • Tnt AMLLCM INSTITUTE OP ARCHITECTS, 173S NEW YORE AVENUE, NM., WASHINGTON. D.C. :7001 9 301775 4
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execution and completion of the Work, whether tempo- obligation of indemnity which would otherwise exist as to
rary or permanent and whether or not incorporated or to any party or person described in this Paragraph 10.11. In
be incorporated in the Work. any and all claims against the Owner or the Architect or
10.3 The Contractor shall at all times enforce strict dis- any of their agents or employees by any employee of the
cipline and good order among his employees and shall Contractor, any Subcontractor, anyone directly or indi-
not employ on the Work any unfit person or anyone not rectly employed by any of them or anyone for whose acts
skilled in the task assigned to him. any of them may be liable, the indemnification obligation
under this Paragraph 10.11 shall not be limited in any
10.4 The Contractor warrants to the Owner and the way by any limitation on the amount or type of damages,
Architect that all materials and equipment incorporated compensation or benefits payable by or for the Contractor
in the Work will be new unless otherwise specified, and or any Subcontractor under workers' or workmen's com-
%hi all Work will be of good quality, free from faults and pensation acts, disability benefit acts or other employee
defects and in conformance with the Contract Documents. benefit acts. The obligations of the Contractor under this
All Work not conforming to these requirements may be Paragraph 10.11 shall not extend to the liability of the
considered defective. Architect, his agents or employees, arising out of (1) the
10.5 Unless otherwise provided in the Contract Docu- preparation or approval of maps, drawings, opinions, re-
ments, the Contractor shall pay all sales, consumer, use ports, surveys, change orders, designs or specifications, or
and other similar taxes which arc legally enacted at the (2) the giving of or the failure to give directions or in-
time bids are received, and shall secure and pay for the structions by the Architect, his agents or employees pro-
building permit and for all other permits and govern- vided such giving or failure to give is the primary cause
mental fees, licenses and inspections necessary for the of the injury or damage. •
proper execution and completion of the Work. ARTICLE 11
10.6 The Contractor shall give all notices and comply
with all laws, ordinances, rules, regulations, and lawful SUBCONTRACTS
orders of any public authority bearing on the performance 11.1 A Subcontractor is a person or entity who has a
of the Work, and shall promptly notify the Architect if the direct contract with the Contractor to perform any of the
Drawings and Specifications are at variance therewith. Work at the site.
10.7 The Contractor shall be responsible to the Owner 11.2 Unless otherwise required by the Contract Docu-
for the acts and omissions of his employees, Subcontrac- ments or in the Bidding Documents, the Contractor, as
tors and their agents and employees, and other persons soon as practicable after the award of the Contract, shall
performing any of the Work under a contract with the furnish to the Architect In writing the names of Subcon-
Contractor. tractors for each of the principal portions of the Work.
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10.8 The Contractor shall review, approve and submit all The Contractor shall not employ any Subcontractor to
Shop Drawings, Product Data and Samples required by whom the Architect or the Owner may have a reasonable
the Contract Documents. The Work shall be in accord- objection. The Contractor shall not be required to con-
ance with approved submittals. tract with anyone to whom he has a reasonable objection.
Contracts between the Contractor and the Subcontractors
10.9 The Contractor at all times shall keep the premises
shall (1) require each Subcontractor, to the extent of the
free from accumulation of waste materials or rubbish
caused by his operations. At the completion of the Work Work.to be performed by the Subcontractor, to be bound
to the Contractor by the terms of the Contract Docu-
he shall remove all his waste materials and rubbish from ments, and to assume toward the Contractor all the obli-
and about the Project as well as his tools, construction nations and responsibilities which the Contractor, by these
equipment, machinery and surplus materials. Documents, assumes toward the Owner and the Architect,
10.10 The Contractor shall pay all royalties and license and (2) allow to the Subcontractor the benefit of all rights,
fees. Ike shall defend all suits or claims for infringement remedies and redress afforded to the Contractor by these
of any patent rights and shall save the Owner harmless Contract Documents.
from loss on account thereof. ARTICLE 12
10.11 To the fullest extent permitted by law, the Con- WORK BY OWNER OR BY •
tractor shall indemnify and hold harmless the Owner and SEPARATE CONTRACTORS
the Architect and their agents and employees from and
against all claims, damages, losses and expenses, including 12.1 The Owner reserves the right to perform work re-
but not limited to attorneys' fees arising out of or result- lated to the Project with his own forces, and to award
ins from the performance of the Work, provided that any separate contracts in connection with other portions of
such claim, damage, loss or expense (1) is attributable to the Project or other work on the site under these or simi-
bodily injury, sickness, disease or death, or to injury to or lar Conditions of the Contract. If the Contractor claims
destruction of tangible property (other than the Work it- that delay or additional cost is involved because of such
self) including the loss of use resulting therefrom, and action by the Owner, he shall make such claim as pro-
(2) is caused in whole or in part by any negligent act or vided elsewhere in the Contract Documents.
omission of the Contractor, any Subcontractor, anyone 12.2 The Contractor shall afford the Owner and separate
directly or indirectly employed by any of them or anyone contractors reasonable opportunity for the introduction
for whose acts any of them may be liable, regardless of and storage of their materials and equipment and the
whether or not it is.caused in part by a party indemnified execution of their work, and shall connect and coordinate
hereunder. Such obligation shall not be construed to his Work with theirs as required by the Contract Docu-
negate, abridge, or otherwise reduce any other right or ments.
AIA DOCUMENT AI07 • ABBREVIATED OWNER•CONTRACTOR ACREU.it NT • UCNTH EDITION • APRIL 197$ • AIM
5 A107.1978 ED 1971 • THE AMERICAN INSTITUTE Or ARCHITECTS, 173$ NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20004
930275
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12.3 Any costs caused by defective or ill-timed work 15.2 Payments may be withheld on account of (1) defec-
:hall be borne by the party responsible therefor. rive work not remedied, (2) claims filed, (3) failure of the
• Contractor to make payments properly to Subcontractors
ARTICLE 13 or for labor, materials, or equipment, (4) damage to the .
MISCELLANEOUS PROVISIONS Owner or another contractor, or (5) persistent failure to
13.1 The Contract shall be governed by the law of the carry out the Work in accordance with the Contract
Documents.
place where the Project Is located.
13.2 All claims or disputes between the Contractor and 15.3 When the Architect agrees that the Work is sub-
the Owner arising out of, or relating to, the Contract stantially complete, he will issue a Certificate of Substan-
tial Completion.
Documents or the breach thereof shall be decided by 15.4 •
1Final payment shall not be due until the Contractor
arbitration in accordance with the Construction Industry has delivered to the Owner a complete release of all liens
Arbitration Rules of the American Arbitration Association arising out of this Contract or receipts in full covering all
then obtaining unless the parties mutually agree other-
wise. Notice of the demand for arbitration shall be filed labor, materials and equipment for which a lien could be
in writing with the other party to the Owner-Contractor filed, or a bond satisfactory to the Owner indemnifying
Agreement and with the American Arbitration Association him against any lien. If any lien remains unsatisfied after
and shall be made within a reasonable time after the dis- all payments are made, the Contractor shall refund to the
pute has arisen. The award rendered by the arbitrators Owner all moneys the latter may be compelled to pay in
shall be final, and judgment may be entered upon it in discharging such lien, including all costs and reasonable
accordance with applicable law in any court having juris- attorneys' fees.
diction thereof. Except by written consent of the person 153 The making of final payments shall constitute a
or entity sought to be joined, no arbitration arising out waiver of all claims by the Owner except those arising
of or relating to the Contract Documents shall include, from (1) unsettled liens, (2) faulty or defective Work ap-
by consolidation, joinder or in any other manner, any gearing after Substantial Completion, (3) failure of the
person or entity not a party to the agreement under which Work to comply with the requirements of the Contract
such arbitration arises, unless it Is shown at the time the Documents, or (4) terms of any special warranties re-
demand for arbitration is filed that (1) such person or quired by the Contract Documents. The acceptance of
entity is substantially involved in a common question of final payment shall constitute a waiver of all claims by the
fact or law, (2) the presence of such person or entity is Contractor
identified texcept
Contractor pr se viis un
settled made in at the riing and
of the
required if complete relief is to be accorded in the arbi- by the
tratlon, (3) the Interest or responsibility of such person or final Application for Payment.
entity In the matter is not Insubstantial, and (4) such per- ARTICLE 16
son or entity is not the Architect or any of his employees
or consultants. The agreement herein among the parties PROTECTION OF PERSONS AND PROPERTY
to the Agreement and any other written agreement to 16.1 The Contractor shall be responsible for Initiating,
arbitrate referred to herein shall be specifically enforce- maintaining, and supervising all safety precautions and
able under the prevailing arbitration law. programs in connection with the Work. He shall take all
ARTICLE 14 reasonable precautions for the safety of, and shall provide
all reasonable protection to prevent damage, injury or
TIME loss to (1) all employees on the Work and other persons
14.1 All time limits stated in the Contract Documents who may be affected thereby, (2) all the Work and all
are of the essence of the Contract. The Contractor shall materials and equipment to be incorporated therein, and
expedite the Work and achieve Substantial Completion (3) other property at the site or adjacent thereto. He shall
within the Contract Time, give all notices and comply with all applicable laws, ordi-
14.2 The Date of Substantial Completion of the Work is nances, rules, regulations and orders of any public author-
the date certified by the Architect when construction is ity bearing on the safety of persons and property and their
sufficiently complete so that the Owner can occupy or protection from damage, injury or loss. The Contractor
•
utilize the Work for the use for which it is intended. shall promptly remedy all damage or loss to any property
the Contractor is delayed at any time in the caused in whole or in part by the Contractor, any Sub-
14.3 If ordered in the Work, contractor, any Sub-subcontractor, or anyone directly or
progress Ifof the Work by changes g indirectly employed by any of them, or by anyone for
by labor disputes, fire, unusual delay in transportation, whose acts any of them may be liable, except damage or
adverse weather conditions not reasonably anticipatable, loss attributable to the acts or omissions of the Owner or
unavoidable casualties, or any causes beyond the Con- Architect or anyone directly or indirectly employed by
tractor's control, or by any other cause which the Archi- either of them or by anyone for whose acts either of them
tect determines may justify the delay, then the Contract may be liable, and not attributable to the fault or negli-
Time shall be extended by Change Order for such reason- genre of the Contractor. The foregoing obligations of the
able time as the Architect may determine. Contractor are in addition to his obligations under Para-
ARTICLE 15 graph 10.11.
PAYMENTS AND COMPLETION • ARTICLE 17
INSURANCE
15.1 Payments shall be made as provided in Article 4 and
Article 5 of this Agreement. 17.1 Contractor's liability insurance shall be purchased
AIA DOCUMENT MO? • A16RLVIAT(0 OWNER.CONTRACTOR AGREEMENT • EIGHTH EOITION • APRIL 1970 • AIA• A107.1978 6
m 1971 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1775 SEW YORK AVENUE. N W., WASHINGTON. D.C. :O334
930275
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and maintained by the Contractor to protect him from 18.2 The Contract Sum and the Contract Time may be
claims under workers' or workmen's compensation acts changed only by Change Order.
and other employee benefit acts, claims for damages be- 18.3 The cost or credit to the Owner from a change in
cause of bodily injury, including death, and from claims the Work shall be determined by mutual agreement,
for damages, other than to the Work itself, to property
which may arise out of or result from the Contractor's ARTICLE 19
operations under this Contract, whether such operations CORRECTION OF WORK
be by himself or by any Subcontractor or anyone directly -
or indirectly employed by any of them. This insurance 19.1 The Contractor shall promptly correct any Work
shall be written for not less than any limits of liability rejected by the Architect as defective or as failing to con-
specified In the Contract Documents, or required by law, form to the Contract Documents whether observed before
whichever is the greater, and shall include contractual or after Substantial Completion and whether or not fabri-
liability Insurance applicable to the Contractor's obliga- sated, installed or completed, and shall correct any Work
tions under Paragraph 10.11. Certificates of such insur- found to be defective or nonconforming within a period
ance shall be filed with the Owner prior to the corn- of one year from the Date of Substantial Completion of
mencement of the Work. the Contract or within such longer period of time as may
17.2 The Owner shall be responsible for purchasing and be prescribed by law or by the terms of any applicable
maintaining his own liability insurance and, at his option, special warranty required by the Contract Documents. The
may maintain such insurance as will protect him against provisions of this Article 19 apply to Work done by Sub-
claims which may arise from operations under the Con- contractors as well as to Work done by direct employees •
tract• of the Contractor.
17.3 Unless otherwise provided, the Owner shall pur-
chase and maintain property Insurance upon the entire ARTICLE 20
Work at the site to the full Insurable value thereof. This TERMINATION OF THE CONTRACT
Insurance shall include the Interests of the Owner, the
Contractor, Subcontractors and Sub subcontractors in the 20.1 If the Architect fails to issue a Certificate for Pay-
Work and shall insure against the perils of fire and ex- ment for a period of thirty days through no fault of the
tended coverage and shall include "all risk" insurance for Contractor,or if the Owner fails to make payment thereon
physical loss or damage Including, without duplication of for a period of thirty days, the Contractor may, upon
coverage, theft, vandalism, and malicious mischief, seven additional days' written notice to the Owner and
17.4 Any loss Insured under Paragraph 17.3 is to be ad- the Architect, terminate the Contract and recover from
Justed with the Owner and made payable to the Owner the Owner payment for all Work executed and for any
proven loss sustained upon any materials, equipment,
as trustee for the insureds, as their interests may appear,
tools, and construction equipment and machinery, include
subject to the requirements of any mortgagee clause.
173 The Owner shall file a copy of allpolicies with the ing reasonable profit and damages applicable to the
Project.
Contractor before an exposure to loss may occur. 20.2 If the Contractor defaults or persistently fails or
17.6 The Owner and Contractor waive all rights against neglects to carry out the Work in accordance with the
each other for damages caused by fire or other perils to Contract Documents or fails to perform any provision of
the extent covered by insurance obtained pursuant to the Contract, the Owner may, after seven days' written
this Article or any other property insurance applicable to notice to the Contractor and without prejudice to any
the Work, except such rights as they may have to the pro- other remedy he may have, make good such deficiencies
ceeds of such Insurance held by the Owner as trustee. and may deduct the cost thereof, including compensation
The Contractor shall require similar waivers in favor of the for the Architect's additional services made necessary
Owner and the Contractor by Subcontractors and Sub- thereby, from the payment then or thereafter due the
subcontractors. Contractor or, at his option, and upon certification by the
Architect that sufficient cause exists to justify such action,
ARTICLE 18 may terminate the Contract and take possession of the •
CHANGES IN THE WORK site and of all materials, equipment, tools, and construc-
tion equipment and machinery thereon owned by the
18.1 The Owner, without invalidating the Contract, may Contractor and may finish the Work by whatever method
order Changes in the Work consisting of additions, dele- he may deem expedient, and if the unpaid balance of the
tions, or modifications, the Contract Sum and the Con- Contract Sum exceeds the expense of finishing the Work,
tract Time being adjusted accordingly. All such changes such excess shall be paid to the Contractor, but if such
in the Work shall be authorized by written Change Order expense exceeds such unpaid balance, the Contractor
signed by the Owner and the Architect. shall pay the difference to the Owner.
. •
AU OOCVM(NT A107 • A00REVIATED OwNER.CONTRACTOR ACRE(MENT • (1014TH COITION • APRIL 1171 • AIM
7 A107.1978 0 1171 • THE AM(KICAN INS111UI% Ur naalnta ), ow NEW YOU AVENUE. NM.. Vita :AW
ajar 10
ARTICLE 21
OTHER CONDITIONS OR PROVISIONS
This Agreement entered into as of the day and year first written above.
OWNER CONTRACTOR
Weld
d County Commissioner, Board ChhairChairmanGROWLING BEAR CO. (INC.)2retoce,---'67tWAIZte-/-(Signature) KEVIN SHIR AKA, 7SIT
ATI " T
Vtw� C L. BOARD
(Please Print Name)
BY:
Dg UTY CL R 0 THE BOARD
A107-1978 8
930275
BLEY ASSOCIATES ADrive S iu4T . OF l`� 2kRIS tuna 2020 Clubhouse Drive
GREELEY, COLORADO 80634
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WE ARE SENDING YOU 0 Attached 0 Under separate cover via the following items:
O Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications
o Copy of letter 0 Change order ❑
COPIES DATE NO. DESCRIPTION
2 SttatJeo L/ersitiY
THESE ARE TRANSMITTED as checked below:
Pit For approval 0 Approved as submitted 0 Resubmit copies for approval
❑ For your use 0 Approved as noted 0 Submit copies for distribution
0 As requested 0 Returned for corrections 0 Return corrected prints
❑ For review and comment 0
❑ FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS 'B- foe f2,6TVRTI4 ONw ecP4 Tv 1 }-k,x
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PROMO No / ee/Ic NEM Mm ONN If enclosures are not as noted, kindly' us at once. \ }►r' Su
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