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THE AMERICAN INSTITUTE OF ARCHITECTS
Oili14
AIA 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 1S 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 21st day of May in the year of Nineteen
Hundred and Ninety-One
BETWEEN the Owner: Board of Commissioners
Weld County, Colorado
and the Contractor: Grow63101W. 10thing rStreet, Unit #4
Greeley, CO 80634
the Project: Weld County Human Services Building Renovation
814 9th Street (Downtown Mall)
Greeley, CO 80631
the Architect: Bley Associates , Architects
2020 Clubhouse Drive
Greeley, CO 80634
The Owner and the Contractor agree as set forth below.
Copyright 1936,1951,1958, 1961, 1963,1966,1914, it 1978 by the American Institute of Architects. 1735 New York Avenue, N.W., Washington, D.C. 70006.
Reproduction
of theth to material herein
al herei tior substantial quotation of iu provision without permission of the AIA violates the copyright laws of the United Sites
and will6e
AIA DOCUMENT A107 • ABBREVIATED OWNER•CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA
�-"' m 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C 70006 A107-1978 1
'7--ro cv I 91O45D
ARTICLE 1
THE WORK
1.1 The Contractor shall perform all the Work required by the Contract Documents for
(Hen Inert the caption dewlpllee of the Work u used on other Contract DticumentsJ
Weld County Human Services Building Renovation, 814 9th Street
(Downtown Mall ) , Greeley, Colorado. This work is to be performed
in accordance with revised drawings dated 5/1/91 , specification
book and addendums 1-6 . Excluding requirements of masonry
( $16, 150.00) , carpentry labor ( $23 ,053 .00) , drywall work ( $23,068.00)
and painting ( $10,100.00) .
ARTICLE 2
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
2.1 The Work to be performed under this Contract shall be commenced within 10 days after notice
to proceed is given.
and,subject to authorized adjustments, Substantial Completion shall be achieved not later than 132 days
(Here that any special previsions los liquidated damages relating to lailure to complete on time.)
after notice to proceed.
•
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 $293,600.00
3.2 The Contract Sum is determined as follows:
Luau here the base bid or other lump sum amount,accepted MINIMS.and unit pica,u applicable.)
Base Bid $365 , 971 .00
Masonry Deduct —16,150.00
General Carpentry Labor Deduct —23,053 .00
Drywall Work —23 ,068.00
Painting —10,100.00
$293,600.00
910 153
AIA DOCUMENT Ate)• ABBREVIATED OWNER•CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIM
® 1978• THE AMERICAN INSTITUTE OF ARCHITECTS, ins NEW YORK AVENUE, N.W., WASHINGTON, D.G 20036 A107-1978 2
•
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 Con-
uactor as provided in the Contract Documents for the period ending the 5th day of the
month as follows:
(Hem mutt payment procedures end provWon/a Maine's,a airy.)
The amount of the approved payment request due and payable by the
10th of the month.
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.
Mete insert any rate of interest agreed upon.) 10%
(Usury laws and requirements under the federal Truth in Lending Act. similar slate and local consumer credit taws and other regulations at the
Owner's and Contractor's principal plain of business, the location or the Prolect and elsewhere may affect the validity of this provision. Specific
legal Wilco should be obtained with respect to deletion,moth/lotion,ot other requiremenu such as written disclosure or waivers.)
ARTICLE S
FINAL PAYMENT
Si 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:
(Ust below the Agreement, the Conditions of the Contract (General, Supplementary, and other Conditions), the Drawings, the Specilkations, and
any Addenda and accepted alternates,showing page or sheet numbers in all cases and dates where applicable.)
This Agreement (8 Pages)
The Specification Book for Project
The Drawings as Revised on 5/1/91, AO thru A-7, P1 , M1 thru M2 & ,
El & E2
Addendums 1-6
• 910458
MA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA•
3 A107.1978 47 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 17SS NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
GENERAL CONDITIONS
ARTICLE 7 tion 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 ante 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 for 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
ments will not be required unless it is consistent therewith parry.
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 informatidn 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 9.2 Except as provided in Paragraph 10.5, the Owner
such construction. shall secure and pay for necessary approvals, easements,
assessments and charges required for the construction,use
ARTICLE 8 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 If the Contractor fails to correct defective Work or
8.2 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,
ro ri• may order the Contractor to stop the Work, or any pot-
83 The Architect will visit the site at intervals app p tion thereof, until the cause for such order has been
ate to the stage of construction to familiarize himself gen• eliminated; however, this right of the Owner to stop the
eraliy 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-
ance with the Contract Documents. However, the Archie. tractor or any other person or entity.
test 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-
ress 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 procedures, 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 A187 • ABBREVIATED OWNER•CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIM'
0 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20036 A107.1978 4
910458
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 and all claims or eso againstdescribed In this Owner or theArchitect or
10 incorporated in the Work any of their agents or employees by any employee of the
10.3 The Contractor shall at all rims enforce strict dill Contractor, any Subcontractor, anyone directly or indi-
notcipl employ
and good order among his employees and shall real employed b an of them or anyone for whose acts
not employ on the Wok any unfit person or anyone not any of th may be liable, the indemnification obligation
skilled in the task assigned to him. 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-
thi 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, ce-
ments, the Contractor shall pay all sales, consumer, use ports,surveys,change orders,designs or specifications,or
and other similar taxes which are 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 SUBCONTRACTS
with all laws, ordinances, rules, regulations, and lawful
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 trbcon-
actors for heach r oft ect l
thepr principal portions of the n writing the names of uWo k.
Contractor. The Contractor shall not employ any Subcontractor to
10.8 The Contractor shall review,approve and submit all
Shop Drawings, Product Data and Samples required by whom the Architect or the Owner may have a reasonable
objection. The Contractor shall not be required to con-
the Contract Documents. The Work shall be in accord- tract with anyone to whom he has a reasonable objection.
ante with approved submittals 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 Work to be performed by the Subcontractor, to be bound
caused by his operations. At the completion of the Work 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 gations 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. He 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 121 The Owner reserves the right to perform work re-
against all claims,damages, losses and expenses,including lated to the Project with his own forces, and to award
but not limited to attorneys' fees arising out of or result- separate contracts in connection with other portions of
su from the performance of the Work, provided that any the Project or other work on the site under these or simi-
such claim, damage, toss or expense (1) is attributable to lar Conditions of the Contract. If the Contractor claims
bodily injury,sickness,diseaseor death,or to injury to or that delay or additional cost is involved because of such
elf)rinction of cludngWthelle losspofprty (other than the Work it-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.
MA DOCUMENT Af07 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • Alai
5 A107.1978 O 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, 70008
ments may withheld onec-
12.3 Any costs caused by defective or ill-timed work 15.2
. work not remedied',e(2) halms account
c ou t of(1) off the
:hall be borne by the party responsible therefor. tive 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
carry out the Work in accordance with the Contract
13.1 The Contract shall be governed by the law of the Documents.
place where the Project is located. 15,3 When the Architect agrees that the Work is sub-
13.2 All claims or disputes between the Contractor and stantially complete, he will issue a Certificate of Substan-
the Owner arising out of, or relating to, the Contract tial Completion. •
Documents or the breach thereof shall be decided by 15.4 Final 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 d this Contract or receipts it full covering all
then obtaining unless the parties mutually agree other-
wise. Notice of the demand for arbitration shall labor, materials and equipment for which a lien could be
be filed filed, or a bond satisfactory to the Owner indemnifying
to writing with the other parry to the Owner-Contractor Agreement and with the American Arbitration Association him against any lien. If any lien remains unsatisfied after
all payments are made, the Contractor shall refund to the
and shall ar isen. The award rendered made within a reasonable time after the doss Owner all moneys the latter may be compelled to pay in
shall be final, and judgment may be enntt
puce has ar the arbitrators discharging such lien, including all costs and reasonable
ered upon it in attorneys' fees.
accordance with applicable law in any court having juris- alto The making of final payments shall constitute a
diction thereof. Except j written consent of the person 15.5
waiver of all claims by the Owner except those arising
t o
or entity sought t be joined,a no arbitration arising out from (1) unsettled liens, (2) faulty or defective Work ap-
. by or relating to the Contract Documents shall include, earing after Substantial Completion, (3) failure of the
person
consolidation, joinder or to any other manner, any Work to comply with the requirements of the Contract
person or entity not a party to the agreement under which Documents, or y(4) terms of any special warranties re-
such arbitration arises, unless d is shown at the time the uired by the Contract Documents. The acceptance of
demand for arbitration is filed that m such person or final payment shall constitute a waiver of all claims by the
entity is substantially involved to a common question of Contractor except those previously made in writing and
fact it law, (2) the presence of such person in entity is identified by the Contractor as unsettled at the time of the
required if complete relief is be accorded in the orbs final Application for Payment.
tration, (3) the interest or responsibility of such person or
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 pROTECTION OF PERSONS AND PROPERTY
or consultants. The agreement herein among the parties
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
reasonable precautions for the safety of,and shall provide
ARTICLE 14 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 give all nther otices and comply with all applicable at the site or adjacent o. He shall
laws,ordi-
within the Contract Time. nances,rules,regulations and orders of any public author-
the The Date of Substantial Completion of the Work is i bearing on the safety of persons and property and their
the date certified by the Architect when construction it protectio from damage injury or loss. The Contractor •
sufficiently complete a that the Owner can occupy or shall promptly remedy all damage or loss to any property
utilize the Work for the use for which it is intended. caused in whole or in part by the Contractor, any Sub-
143 If the Contractor is delayed at any time in the contractor, any Sub-subcontractor, or anyone directly or
progress of the Work by changes ordered in the Work, 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 Archt- either of them or by anyone for whose acts either of them
test 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- gene 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 171 Contractors liability insurance shall be purchased
Article 5 of this Agreement
AIA DOCUMENT A107• ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 10078 • AIMF A707•ll78 6
C 1978• THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20000
910458
•
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 Contractors 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 Contractors 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
ante shall be filed with the Owner prior to the com• 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- co tr octrs as well as to Work done by direct employees •
tract.
r.
17.3 Unless otherwise provided, the Owner shall pur• ARTICLE 20
• chase and maintain property insurance upon the entire
Work at the site to the full insurable value thereof. This TERMINATION OF THE CONTRACT
insurance shall include the interests of the Owner, the 20.1 If the Architect fails to issue a Certificate for Pay-
Contractor,Subcontractors and the perils of fire a in the ment for a period of thirty days through no fault of the
Work and shall insure against the perils of fire and ex- Contractor,or if the Owner fails to make payment thereon
tended coverage and shall include all risk' insurance for for a period of thirty days, the Contractor may, upon
physical loss or damage including, without duplication of
coverage, theft,vandalism,and malicious mischief. seven additional days' written notice to the Owner and
the Architect, terminate the Contract and recover from
17.4 Any loss insured under Paragraph 17.3 is to be ad- the Owner payment for all Work executed and for any
justed with the Owner and made payable to the Owner 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. ing reasonable profit and damages applicable to the
17.5 The Owner shall file a copy of all policies with 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
seeds 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 pf 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 author:zed 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.
AtA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIM
7 A107-1978 m 1971• THE AMERICAN INSUlUIt UL A6i.,n l!SAS, i,b NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
91.0458
ARTICLE 21
OTHER CONDITIONS OR PROVISIONS
•
This Agreement entered into as of the day and year first written above.
BOARD OF COMMISSIONERS GROWLING BEAR CO. (INC. )
OWNER WELD C UN Y, COLORADO CONTRACTOR 6310 W. 10TH STREET, UNIT #4
GREELEY, COLORADO 80634
• KEVIN SHIRONA ESIDENT
• \
. ATTEST: ;%} r,
e ounty Cler to the Board
BY:�� lid. 5/7,7414,1 _, Deputy Clerk aGre :-
AU DOCUMENT • ABBREVIATED OWNER•CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 197! • AIAR
O 1975 • THE RICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. XIX4 A107-1978 8
910458 .
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