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HomeMy WebLinkAbout910457.tiff THE AMERICAN INSTITUTE OF ARCHITECTS ij1'4 ,m‘n` ,. 21414 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: Growling Bear Co . (Inc . ) • 6310 W. 10th Street , 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, 1%1,1%3, 1966,1971, a 1978 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. I• AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA• tt1 lD 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1978 1 0 -rrni 7 at ARTICLE 1 THE WORK 1.1 The Contractor shall perform all the Work required by the Contract Documents for (Hen Moot the caption descriptive ol the Work as used on other Contract Documents.) 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. Including only the requirements of the following excluding Davis—Bacon labor rate and elimination of sealer on blocks : Masonry ( $11 ,000.00) , Carpentry Labor ( $14,467.00) , and Drywall Work ($18,104.00) . 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 mien any special provisions lor liquidated damages relating to failure 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 t1♦g,57i,00 3.2 The Contract Sum is determined as follows: (Sum here dm base chi or other lump sum amount,accepted alternates,and unit Mien,as applicable.) Base Bid $365 , 971 .00 Less CDBG Contract -293 , 600.00 Masonry Deduct -5 ,150.00 No Davis Bacon Wages & No Sealer On Blocks General Carpentry Labor Deduct -8 , 586.00 No Davis Bacon Wages Drywall Work -4, 964.00 No Davis Bacon Wages Painting -10 , 100.00 $43 , 571..00 AIA DOCUMENT A107 • ABBREVIATED OWNERCONTRACTOR AGREEMENT • EIGHTH EDITION • APRtt 1978 • mA• ®1971• THE AMERICAN INSTITUTE Of ARCHITECTS, 1734 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20000 �A107-1978 2 f ra 910457 • 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- tractor as provided in the Contract Documents for the period ending the 25th day of the month as follows: Were Insert payment procedures and provision for twinge,11 anyJ 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. Were insert any rate of interest agreed upon.) 10% (Usury laws and requirements under the Federal Truth in tending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal plans 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 alternates,showing page or sheet numbers in all cues 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 & e E1 & E2 Addendums 1-6 • 91_0457 • AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA0 3 A107-1978 ® 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 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 menu 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 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 scrip tion 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. 9.3 The Owner shall forward all instructions to the Con- 8.1 The Architect will provide administration of 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, may order the Contractor to stop the Work, or any por- 8.3 The Architect will visit the site at intervals appropri- 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 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- ance with the Contract Documents. However, the Archi- tractor or any other person or entity. sect 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- usil,g 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 'Used 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 • AIA' m 1918 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1775 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20806 A107.1978 4 S)10457 — 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- ct 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- th: 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 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 the Architect in writing the names of Subcon- Contractor. tractors for each of the principal portions of the Work. 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, t 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- 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- but but noo all claims,damages, losses and expenses, including lated to the Project with his own forces, and to award but t limited to attorneys' fees arising out of or result- separate contracts in connection with other portions of suc from the performance of the Work, provided that any the Project such claim, damage, loss or expense (1) is attributable to I bodily injury, sickness,disease ect or other work on the site under these or simi- ase 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 A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA• S A107-1978 m 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(3006 91045 " 91C - 7-9 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. tive 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 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 the American Arbitration Association arising out of this Contract or receipts in full covering all then obtaining unll ess the parties mutually agree other- wise. Notice of the demand for arbitration shall filed labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner indemnifying in writing with the other party 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 the arbitrators Owner all moneys the latter may be compelled to pay in shall has ar discharging such lien, including all costs and reasonable shall be final, and judgment may be enntt ered upon it in attorneys' fees. accordance with applicable law in any court having juris- alto The making of final amends shall constitute a diction thereof. Except by written consent of the person g payments 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 nearing 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 bexc the t those pr viously made in unsettled at the tiriting and me of the required if complete relief is to be accorded in the arbi- by tration, (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 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 (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- nances,rules, regulations and orders of any public author- the The Date of Substantial Completion of the Work is ity bearing on the safety of persons and property and their the date certified by the Architect when construction is protection from damage, injury or loss. The Contractor -suffutiliz ethe complete so 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- 14.3 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 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 negii- Time shall be extended by Change Order for such reason- Bence 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 Contractor's liability insurance shall be purchased Article 5 of this Agreement. AU DOCUMENT A107 • ABBREVIATED OWNER•CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1970 • AIM, m 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, O.C. 20006 M07-1978 6 91045, • 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 Contact 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 oblige- 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 tom- 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 pure• 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 0.1 If the Architect fails to issue a Certificate for Pay- 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 p coverage, theft,vandalism, and malicious mischief. seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from 17A Any loss insured under Paragraph 17.3 is to be ad- the Owner payment for all Work executed and for any lusted 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 17S 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 properly 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 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 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. AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIAe 7 A107-1978 O 1978 • THE AMERICAN INS111UI6 Ul• AKVIIIRIJ, boa NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 91145'7 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 COUNTY, COLORADO CONTRACTOR 6310 W. 10TH STREET, UNIT #4 GREELEY, COLORADO 80634 KEVIN SHIRONAK ESIDENT . ATTEST: 1/44/11— rt'?Weld Co ,to the Board .13 r�(� A �_hit-Deputy Clerk MA DOCUMENT Al ABBREVIATED OWNER.CONTRACTOR AGREEMENT • EIGHTH EDITIONA • •PRIM 78 • AIM, A1U�1�7�45� O 1978 • THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVENUE, NM., V f Hello