HomeMy WebLinkAbout980524.tiff RESOLUTION
RE: APPROVE CONTRACT FOR JAIL REMODEL AND AUTHORIZE CHAIR TO SIGN -
GROWLING BEAR COMPANY, INC.
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 a Contract for Jail Remodel between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Weld County Sheriff, and Growling Bear Company, Inc.,
commencing March 31, 1998, and ending May 30, 1998, with further terms and conditions
being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Contract for Jail Remodel between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of
the Weld County Sheriff, and Growling Bear Company, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of April, A.D., 1998, March 31, 1998.
BOARD OF COUNTY COMMISSIONERS
WELD� COUNTY, COLORADO
ATTEST: r�G �zu1y
Constance L. Harbert, Chair
Weld Cou r ,�r B. . i
,'L? g �, 'y tk
�r. � o T- W. H. ester, Pro-Tem
BY: 77-
Deputy 0ttl
.
Georg . Baxter
AP FORM:
Dale K. Hall
A
i
nty Atto ey
arbara J. Kirkmeyer
P
980524
(C: Cot&sCtcfor , F .L SO0016
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 30TH day of March in the year of Nineteen Hundred and 98.
BETWEEN the Owner: Weld County Government
and the Contractor: Growling Bear Co. Inc.
2330 4th Ave
Greeley,CO 80631
the Project: Weld County Jail Remodel
the Architect: Design Build/Growling Bear Co Inc.
2330 4th Ave
Greeley, CO 80631
The Owner and the Contractor agree as set forth below.
A107-1978 1
9go5) /
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 to install new epoxy floor & wall covering in
Pod C shower area. This work includes demo existing ceramic tile, demo raised floor, install new epoxy
floor & wall coverings by Omnitech Industries, lower shower doors & patch holes. Repair all damaged
drywall ceiling in parking area, texture, & paint. Drywall to be replaced is the visibly damaged drywall and
broken joints. Contractor not responsible for redoing existing visibly flawed joints (as discussed with and
agreed to with Steve Boeck during bid phase). Contract is based on an overall drywalled area of
approximately 5,000 square feet.
This price excludes all plumbing work (by County), electrical work, all painting in C Pod, asbestos
abatement, permit fees, saw cutting of twin tee slab if necessary for plumbing drain lines, overtime or
after hours work.
ARTICLE 2
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
2.1 The Work to be performed under this contract shall be commenced March 31, 1998
and, subject to authorized adjustments, Substantial Completion shall be achieved not later
than May 30th, 1998.
(Here insert any special provisions for liquidated damages relating to failure to complete on time.) n/a
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
Twenty Thousand Three Hundred Ninety Five Dollars &00/100 - $20,395
3.2 The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted
alternates, and unit prices, as applicable.)
C Pod $8,495
Parking Garage drywall repair $11,900
Total $20,395
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 Contractor as provided in the Contract Documents for the period ending the 25th day of the month as
follows: Payment shall be made by the 5th of the following month
(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.) 0%
(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, certificate of occupancy has been
issued to owner, 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 cases and dates where applicable.)
A107-1978 3
QS052'-1
•
GENERAL CONDITIONS
•
ARTICLE 7 lion of the Contractors 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-
lions, 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 making a t, except acceptancee final ch have t been waived
ai eduby
what is required by any one shall bin a a if re• Lett to arbitration upon the written demand of either
quired by all. Work not covered-in the Contract Docu•
rnents will not be required unless it is consistent therewith partyp 6 The Architect will authority to reject Work
and reasonably inferable therefrom as being necessary to which does not conform will havet the Contract t Documents.
ct
produce the intended results.
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 ARTICLE 9
performed. OWNER
7.4 The Work comprises the completed construction re-
91 The Owner shall furnish all surveys and a legal de-
quired by the Contract Documents and includes all labor
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.
9.3 The Owner shall forward all instructions to the Con•
el and will eet will Owner's
representative
of during ne Con• tractor through the Architect.
trawl and and be the Ownym representative con• ,� 4 If the Contractor fails to correct defective Work or
struction until final payment is times due. persistently fails to carry out the Work in accordance with 8.Work The rovitArchitect shall at preparation and have es. to the the Contract Documents, the Owner, by a written order,
wherever it is in progress. may order the Contractor to stop the Work, or any pot-
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.
tect will not be required to make exhaustive or continu-
ous on-site inspections to check the quality or quantity of CONTRACTOR
the Work. On the basis of his on-site observations as an
architect, he will keep the Owner informed of the grog• ,
Tess of the Work, and will endeavor to guard the Owner • C
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 (or construction means,, s th all' cliques,
ues,portions e the es and
k undeprocedures
eContract.
and
for coordinating
ods, techniques, sequences or procedures,
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 [lased on the Architect's observations and an evalua• and other facilities and services necessary for the proper
AIA OOCUMCNT A107 • A0RRCVIAICO OWNCR•CON1tACtOt AGRCIsiCNI • CICIIIll N:COCOITION
0 A,APRIL 1171C• XCC6AIMS A107.197B 4
p 1171 tot AMLtK.17� INSTITUTE Or ARG 111 Icis, 1775 NCW YOU AVENUE, gSv n, /
execution and completion of the Work, whether tempo• obligation of indemnity which would otherwise exist as to
party or person described in this Paragraph 10.11. In
any and all claims against the Owner or the Architect or brary or permanent and whether or not incorporated or to any
10.3 0 incorporated Contractor the Work. any of their agents or employees by any employee of the
The oodorder shall o gl times enforce loye and hill Contractor, any Subcontractor, anyone directly or Indi•
rectly employed by any of them or anyone (or whose acts
cipllne and good among his employees and shall any of them may be liable, the indemnification obligation not sk employ dthe task the Work any unfit n person or anyone not under this Paragraph shall not m be limited onin any
10 4ed in Contractorassig warrantsed to him. way by any an limitation on the amount or type of damages,
10.4 The to the Owner and the
Architect that all materials and equipment incorporated
compensation or benefits payable by or for the Contractor
or any Subcontractor under workers' or workmen's con-
tthe Work will be new unless otherwise, free from specified,faults and pensation acts, disability benefit acts or other employee
the all Workwill fbeo of e quality, ct m and benefit acts. The obligations of the Contractor under this
defects and in conformance with the Contract Documents.
All Work not conforming to these requirements may be
Paragraph 10,11 shall not extend to the liability of the
Architect, his agents or employees, arising out of (1) the
considered 10.5nldeotherwfective. preparation or approval
e.
me Unless otherwise Contractor ars shall pay
in the consumer,D use ports, surveys, change orders,desigaps, ns ornspecifications,s, opinions, ror
8
ments, the e a pay all sales,y use (2) the giving of or the failure to give directions or in-
time tnd other e similar taxes which arc seclegure
at the structions by the Architect, his agents or employees pro•
building
ings are permit received, and shall h rep re and pay for v the vided such giving or failure to give is the primary cause
building and for all other permits and govern- vided
mental fees, licenses and inspections necessary of the injury or damage.
proper execution and completion of the Work. ARTICLE�1
10.6 The Contractor\shall give all notices and comply SUBCONTRACTS
with all law's; ordinances, rules, regulations, and lawful
orers of s a
ofd the Work, a d Ishall prormptly notify hehArchitectt If the direct contract with the lContractor tor entity who a perform any of the
Drawings and Specifications are at variance therewith. Work at the site.
10.for�the acts andrOmissionslofehis employlees, Subcoontrac Unless
responsibe to the Owner 11.2 quired by e ract ments ori
nthe Bidding otherwise eDocuments,hthe t c
as
tors and their agents and employees, and other persons soon as practicable after the award of the Contract, shall
tractors for each of the principal portions of the Work,
performing any of the Work under a contract with the; furnish to the Architect in writing the names of Su con-
Contractor. The Contractor shall not employ any Subcontractor to
10.8 The Contractor shall review, approve and submit all'• Shop Drawings, Product Datawhom the Architect or the Owner may have a reasonable
Wo Samplesork shall be in accord.acc ord•by objection. The Contractor shall not be required to con-
tract with anyone to whom he has a reasonable objection,
the Contract Documents. The W Contracts between the Contractor and the Subcontractors
once with approved submittals.
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•
merits, and to assume toward the Contractor all the obli•
he shall about the ee all his waste well materials and rubbish from nations and responsibilities which the Contractor, by these andequipment,
me Project as r lasu his tools, construction Documents, assumes toward the Owner and the Architect,
e0uipmThe machinery and surplus materials.a
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
10.1WORK BY OWNER OR BY •
the fullest extent permitted by law, the Con• SEPARATE CONTRACTORS
hetractor shall indemnify their
and hold harmless the y Owner m and 12.1 Owner SEPARATE
CONTRACTORS
TRA to perform re-
but t and agents s, and employees from and laced The the Project reswiterves
his h own e work award
against all tdclaims,todamages, losses and expenses,f including lated
to contracts in with andportions o rd
from
oitheed performance
fees arising out of or thatre a separate ep Project or connectionn the other these or ss of
trig the perage, loss of expense
Work, provideda anyto the Conditions otherof the Contract, site under de these claims
such iju damage,sickness, disease o death,(1) is to rinjurbto that or additional cost ct involved because such
bodily injury, ngibl property or ther or injury to or action delay by the Owner,n s make such claim of
destruction of tangible resulting er than the Work arid vided elsewhere in tye he shall Documents.
pro-
(2)2)() including in the loss or of use ya eglliigent^act or
omissionis of whole o pant bS onoy erg S Contractor
nd separate
dicyindirectly the Contractor, any any of^them or antractor, yone contractors reasonable hopporrttuntrd y for vthe ner introduce on
fowhoser
oracts employed by any and
r or n any of a them may be liable,r indemnified of executionge of o( heiheir materials and work, and shall connectp ndnt and the
coordinate
whether not ith is.causedin part by a party d to his Work with theirs as required by the Contract Docu•
hereunder, Such obligation shall not be oche t n eht or merits.
negate, abridge, or otherwise reduce any S
N.w0 O'. • APRIL 75 • AIA5
AIA 0OC OMEN, AI91 AM IN$lVIAtt 1 A*CsCOViKAC35 R ACx tQtK L • (I (., N ., LION • APRIL 1976 • AIA
5 A107.1978 ea 1971 • flit AMEllICAN INSTITVR Of AKCNITCCTS, 1735 NEW YOKK AVCNVC, (105.41/4/
yments mayn ) fec-
12.3 Any costs caused by defective or ill-timed work 15.2 word',not temaybe;withheld
lmofi edo(ntfo (1) af 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 fiat Completion.out of, or relating to, the Contract 15.4 Final payment shall •
arbnot be due until the
Documents or the breach thereof be decided nd by to lln a complete duetu release f all Contractor
or
Arbitration
in accordance with anth Construction ion Industry arising a out delivered this the Owner Contrne or receipts t full s covering all
themobtaining eunless s of ethe parties mutually nagree cother- labor, materials and equipment for which a lien could be
wise, Notice of the demand for arbitration shall be filed r a bond satisfactory to the Owner indemnifying
in writing with the other party to the Owner-Contractor him filed,against ogainst any lien. If for lien remains unsatisfied after
Agreement and with the American Arbitration Association all payments are made, the Contractor shall refund to the
and shall made'The within a reasonable timethe after the dis- Owner all moneys the latter may be compelled to pay in
shall has arisen. judgment n rendered by t arbitrators discharging such lien, including all costs and reasonable
shall be final, and may be entered upon it r in attorneys' fees.
accordance with applicable law In any court having I a5S 'The making of final payments shall constitute a
diction thereof. Except by.written consent of the person' : waiver of all claims in by the Owner sl those c coarnstitute
or or entity sought t be ontract noarbitrationmes lli inclgude,
d out from (1) unsettled liens, (2) faulty or defective Work ap•
of consolidation,to the Concoct Dany of a shall ie any peering after Substan with i l omreqpl emn, (3) f alilurCo e f the
pe joinder or in any other r ch Work to comply
act
person or entity not a party is agreement a underwhich e Documents, or (4) terms of any special warranties re•
such dearbitration mand
orriarises,
atio unless it shown(1) such the time the wired by the Contract Documents. The acceptance of
tonal payment shall constitute a waiver of all claims by the
demand for arbitration Is filed that (1) person or �entity fac is substantially involved esen in a h person question n of Contractor except those previously made in writing and
required law, o the presence such in entity is identified by the Contractor as unsettled at the time of the
if) the Interest nten relief responsibility is to n b accorded such the n or final Application for Payment.
tsarina, (3) or of person or pp
entity In the matter is not insubstantial, and (4) such per- ARTICLE 16PROTECTION OF PERSONS AND PROPERTY
son or entity Is not the Architect or any of his employees
orto cthe ga a The agreement herein among the parties 16.1 The Contractor shall be responsible for initiating,
arbitrate the Agreement and any other written agreement enforce-
e- maintaining, and supervising all safety precautions and
bl referred v herein arbitration shall be specifically enforce• programs in connection with the Work. He shall take all
able under the prevailing law, 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
who may materials abd affee cted thereby,
r be incorporated lltekand
a All h time limits of the eeC in the Contract Co Documents
are expedite the essWor Contract. sta Contractor Lion (3) other property at the site or adjacent thereto. He shall
w thitthe Work and achieve Substantial Completion give all notices and comply with all applicable laws, ordi-
14.2in the o Time, nances, rules, regulations and orders of any public author.
t2 The Date of by the Architect Completion of the Work is ity bearing on the safety of persons and property and their •
the date yc complete op the that
tewhen construction it protection from damage, injury or loss. The Contractor
sufficiently o the use at the Owner can occupy or shall promptly remedy all damage or loss to any property
utilize the Work for 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 neglt-
Time shall be extended by Change Order for such reason- $ence of the Contractor. The foregoing obligations of the
able time as the Architect may determine. Contractor are in addition to his obligations under Para-
graph 10.11.
ARTICLE 15 ARTICLE 17
PAYMENTS AND COMPLETION INSURANCE
15.1 Payments shall be made as provided in Article 4 and 17 1 Contractor's lialNSy insurance shall be purchased
Article 5 of this Agreement.
4MA 117)1 • THENAM tRtCAN INSTI,TUTE00 ARCHITECTS, NEWAGR YOU AVENUE,EIGHTHN W., WASHINGTON�,OC. .`•0E
A107-1978 6
ALA DOCUMENT 1O07 • AOOREVIATEO OwNEt•CONTRACTOR AGREEMENT • EIGHTH EDITION • APER10.E A'MM.
7 A107.1978 0 1111 • THE AMtRICAN INS111UIt ui AAV,IIR,a. was NEW YORK AVENUE, �WASHINGTON, D.C. 4
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 (or 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• cated, installed or completed, and shall correct any Work
tions under Paragraph 10.11. Certificates of such insure 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 Col tractt D Workd We eny Sunts. b
may maintain such insurance as will protect him against provisions of this Article 19apply
claims which may arise from operations under the Con-. contractors
tr oac
ctrs as well as to Work done by direct employees
tract. . of
tor.
17.3 Unless otherwise provided, the Owner shall pure 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 Sub•subcontractors in the men for a period of thirty days through no fault of the
Wore and shall r insure against the perils of fire and for Contractor,or if the Owner fails to make payment thereon
phystended coverage and shall include "all without duplicationinsurance for for a period of thirty days, the Contractor may, upon
coverage,loss or damage Including, mischief. of seven additional days' written notice to the Owner and
theft, vandalism, and malicious 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
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
173 The Owner shall file a copy of all policies with the Project. .
Contractor before an exposure to loss may occur. 28.2 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 darttiges 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 ho 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 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,
•
ALA DOCUMENT AID] • AC0REVIATLO OWNER'CONTRACTOR AGREEMENT • EIGHTH tOitION • Anil 1171 • MA'
7 A107.1978 17 117E • THE AMIKICAN IN5LIIV4 Vp AAv.I IRVf, unn NEW YOKK /WOVE, N,W., WASr1INGTON, D.C. XCO4
96,224
ARTICLE 21
OTHER CONDITIONS OR PROVISIONS
This Agreement entered into as of the day and year first written above.
OWNER CONTRACTOR
Weld Country Government GROWLING BEAR CO. C.)
`
7.4.4ta
(Signature) KEVIN SHIRONAKA, PRESIDENT
(Ls rfirce— /, 12
(Please Print Name) (03/30/98)
A107-1978 8
9SD `/
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