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HomeMy WebLinkAboutbocc.con.076.1974THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A107 Standard Form of Agreement Between Owner and Contractor Short Form Agreement for Small Construction Contracts Where the Basis of Payment is a STIPULATED SUM THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION For other contracts the AIA issues Standard Forms of Owner-Contractor Agreements and Standard General Conditions of the Contract for Construction for use in connection therewith. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT madethis Ninth (gth) Hundred and Seventy Four day of September in the year Nineteen BETWEEN the Owner: and the Contractor: the Project: [netal I support under the District Courtroom Pitkin County Courthouse. Pitkin County Commission P. O. Box 4096 Aspen, Colorado 81611 Crown Mountain Construction Corporation P. O. Box 2012 Aspen, Colorado 81611 laminated beams and columns to provide additional floor at the west end of the the Architect: Theodore L. Mularz, AIA, Architects The Owner and Contractor agree as set forth below. AIA DOCUMENT A107 · SMALL CONSTRUCTION CONTRACT · JANUARY 1974 EDITION ° AIA® · ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 ARTICLE 1 THE WORK The Contractor shall perform all the Work required by the Contract Documents for Pitkin County Courthouse Remodel Aspen~ Colorado 7405-9 ARTICLE 2 TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced U pOn a r r i va I beams and columns. of laminated and completed within fifteen working days after commencement. ARTICLE 3 CONTRACT SiJM The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change Order as provided in the General Conditions, in current funds, the Contract Sum of Cost plus ten percent (tO~g) overhead plus ten percent (10~g) profit not to exceed four thousand and 00/100 dollars~ ($Z~O00,O0),~ ~Does not include cost of laminated beams a.nd columns which will be ordered by the contractor and paid for directly by the owner. AIA DOCUMENT A107 · SMALL CONSTRUCTION CONTRACT· JANUARY 1974 EDITION · AIA® · ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 ARTICLE 4 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make ~'0t~O~(payment~(on account of the Contract Sum to the Contractor as follows: One lump sum payment upon receipt of "Application and Certificate for Payment" from Contractor. (Due to double staging' caused by beam delivery date, payment will be made in tvm billings) ARTICLE 5 FINAL PAYMENT /(~ 15 The Owner shall make final payment W i t h i n 1~~ /days after completion of the Work, provided the Contract be then fully performed, subject to the provisions of Article 16 of the General Conditions. ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS The Contract Documents are as noted in Paragraph 7.1 of the Genera[ Conditions and are enumerated as follows: (List 5elow the Agreernenl, Conditions of the Contract (General, Supplemenlary, and other Condilions), Drawings, 5pecificalions, Addenda and accepled That portion of SHEET NO. 81 which applies to the structure to be placed under the second floor dated 29 July 1974. AIA DOCUMENT A107 · SMALL CONSTRUCTION CONTRACT · JANUARY 1974 EDITION · AIA® · ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 GENERAL CONDITIONS ARTICLE 7 CONTRACT DOCUMENTS 7.1 The Contract Documents consist of this Agreement (which includes the General Conditions), Supplementary and other Conditions, the Drawings, the Specifications, all Addenda issued prior to the execution of this Agree- ment, ali modifications, Change Orders, and written interpretations of the Contract Documents issued by the Architect. These form the Contract and what is required by any one shall be as binding as if required by all. The intention of the Contract Documents is to include all labor, materials, equipment and other items as provided in Paragraph 10.2 necessary for the proper execution and completion of the W6rk and the terms and conditions of payment therefor, and also to include all Work which may be reasonably inferable from the Contract Documents as being necessary to produce the intended results. 7.:] The Contract Documents shall be signed in not less than triplicate by the Owner and the Contractor. If either the Owner or the Contractor do not sign the Drawings, Specifications, or any of the other Contract Documents, the Architect shall identify them. By executing the Con- tract, the Contractor represents that he has visited the site and familiarized himself with the local conditions under which the Work is to be performed. 7.3 The term Work as used in the Contract Documents includes all labor necessary to produce the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in such construction. ARTICLE 8 ARCHITECT 8.1 The Architect will provide general administration of the Contract and will be the Owner's representative during construction and until issuance of the final Certi- ficate for Payment. 8.2 The Architect shall at all times have access to the Work wherever it is in preparation and progress. 8.3 The Architect will make periodic visits to the site to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of his on-site observations as an architect, he will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. The Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Archi- tect will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 8.4 Based on such observations and the Contractor's Applications for Payment, the Architect will determine the amounts owing to the Contractor and will issue Cer- tificates for Payment in accordance with Article 17. 8.5 The Architect will be, in the first instance, the in- terpreter of the requirements of the Contract Documents. He will make decisions on all claims and disputes be- tween the Owner and the Contractor. All his decisions are subject to arbitration. 8.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. ARTICLE 9 OWNER 9.1 The Owner shall furnish all surveys. 9.2 The Owner shall secure and pay for easements for permanent structures or permanent changes in existing facilities. 9.3 The Owner shall issue all instructions to the Con- tractor through the Architect. ARTICLE 10 CONTRACTOR 10.1 The Contractor shall supervise and direct the work, using his best skill and attention. The Con- tractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract. 10.2 Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and comp]e- tion of the Work. 10.3 The Contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ on the Work any unfit person or any- one not skilled in the task assigned to him. 10.4 The Contractor warrants to the Owner and the Architect that ali materials and equipment incorporated in the Work will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Docu- ments. All Work not so conforming to these standards may be considered defective. 10.5 The Contractor shall pay all sales, consumer, use and other similar taxes required by law and shall secure all permits, fees and licenses necessary for the execution of the Work. 10.6 The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and orders of any public authority bearing on the performance of AIA DOCUMENT A107 · SMAEL CONSTRUCTION CONTRACT ' JANUARY 1974 EDITION · AIA® · ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 4 the Work, and shall notify the Architect if the Drawings and Specifications are at variance therewith. 10.7 The Contractor shall be responsible for the acts and omissions of all his employees and all Subcon- tractors, their agents and employees and all other persons performing any of the Work under a contract with the Contractor. 10.8 The Contractor shall review, stamp with his ap- proval and submit all samples and shop drawings as directed for approval of the Architect for conformance with the design concept and with the information given in the Contract Documents. The Work shall be in ac- cordance with approved samples and shop drawings. 10.9 The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by his operations. At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as his tools, construction equipment, machinery and surplus materials, and shall clean all glass surfaces and shall leave the Work "broom clean" or its equivalent, except as otherwise specified. 10.10 The Contractor shall indemnify and hold harmless the Owner and the Architect and their agents and em- ployees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or result- ing from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attribut- able to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there- from, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Sub- contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the Owner or the Architect or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Para- graph 10.10 shall not be limited in any way by any limi- tation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Sub- contractor under workmen's compensation acts, dis- ability benefit acts or other employee benefit acts. The obligations of the Contractor under this Paragraph 10.10 shall not extend to the liability of the Architect, his agents or employees arising out of (1) the preparation or approval of maps, drawings, opinions, reports, sur- veys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 11 SUBCONTRACTS 11.1 A Subcontractor is a person who has a direct contract with the Contractor to perform any of the Work at the site. 11.2 Un[ess otherwise specified in the Contract Docu- ments or in the instructions to Bidders, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Architect in writing a list of the names of Subcontractors proposed for the principal por- tions of the Work. The Contractor shall not employ any Subcontractor to whom the Architect or the Owner may have a reasonable objection. The Contractor shall not be required to employ any Subcontractor to whom he has a reasonable objection. Contracts between the Con- tractor and the Subcontractor shall be in accordance with the terms of this Agreement and shall include the General Conditions of this Agreement insofar as applicable. ARTICLE 12 SEPARATE CONTRACTS 12.1 The Owner reserves the right to award other con- tracts in connection with other portions of the Project or other work orr the site under these or similar Condi- tions of the Contract. 12.2 The Contractor shall afford other contractors rea- sonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his Work with theirs. 12.3 Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. ARTICLE 13 ROYALTIES AND PATENTS The Contractor shah pay all royalties and license fees. The Contractor shall defend all suits or claims for in- fringement of any patent rights and shall save the Owner harmless from loss on account thereof. ARTICLE 15 TIME 15.1 All time limits stated in the Contract Documents are of the essence of the Contract. 15.2 If the Contractor is delayed at any time in the progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in transportation, unavoidable casualties, causes beyond the Contractor's control, or by any cause which the Architect may de- termine justifies the delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. AIA DOCUMENT A107 · SMALL CONSTRUCTION CONTRACT · JANUARY 1974 EDITION ° AIA® ° ©1974 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 ARTICLE 16 PAYMENTS 16.1 Payments shall be made as provided in Article 4 of this Agreement. 16.2 Payments may be withheld on account of (1) de- fective Work not remedied, (2) claims filed, (3) failure of the Contractor to make payments properly to Sub- contractors or for labor, materials, or equipment, (4) damage to another contractor, or (5) unsatisfactory prose- cution of the Work by the Contractor. 16.3 Final payment shall not be due until the Con- tractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner indemnifying him against any lien. 16.4 The making of final payment shall constitute a waiver of all claims by the Owner except those arising from (1) unsettled liens, (2) faulty or defective Work ap- pearing after Substantial Completion, (3) failure of the Work to comply with the requirements of the Contract Documents, or (4) terms of any special guarantees re- quired by the Contract Documents. The acceptance of final payment shah constitute a waiver of all claims by the Contractor except those previously made in writ- ing and still unsettled. ARTICLE 17 PROTECTION OF PERSONS AND PROPERTY The Contractor shall be responsible for initiating, main- taining, and supervising all safety precautions and pro- grams in connection with the Work. He shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to (1) all employees on the Work and other persons who may be affected thereby, (2) all the Work and all materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. He shall comply with all applicable laws, ordinances, rules, regulations and orders of any public authority having iurisdiction for the safety of persons or property or to protect them from damage, injury or Poss. All damage or loss to any property caused in whole or in part by the Contractor, any Subcontractor, any Sub- subcontractor or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable to faulty Drawings or Specifications or to the acts or omissions of the Owner or Architect or anyone employed by either of them or for whose acts either of them may be liable but which are not attributable to the fault or negligence of the Contractor. ARTICLE 18 CONTRACTOR'S LIABILITY INSURANCE The Contractor and each separate Contractor shall pur~ chase and maintain such insurance as will protect him from claims under workmen's compensation acts and other employee benefit acts, from claims for damages because of bodily injury, including death, and from claims for damages to property which may arise out of or result from the Contractor's operations under this Contract, whether such operations be by himself or by any Sub- contractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than any limits of liability specified as part of this Con- tract, or required by law, whichever is the greater, and shall include contractual liability insurance as applicable to the Contractor's obligations under Paragraph 10.10. Certificates of such insurance shall be filed with the Owner and each separate Contractor. ARTICLE 19 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining his own liability insurance and, at his op- tion, may maintain such insurance as will protect him against claims which may arise from operations under the Contract. ARTICLE 20 PROPERTY INSURANCE 20.1 Unless otherwise provided, the Owner shall pur- chase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work and shall insure against the perils of Fire, Extended Coverage, Vandalism and Malicious Mischief. 20.2 Any insured loss is to be adjusted with the Owner and made payable to the Owner as trustee for the insureds, as their interests may appear, subject to the requirements of any mortgagee clause. 20.3 The Owner shall file a copy of all policies with the Contractor prior to the commencement of the Work. 20.4 The Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance provided under this paragraph. The Contractor shall require similar waivers by Subcontractors and Sub-subcontractors. ARTICLE 21 CHANGES IN THE WORK 21.1 The Owner without invalidating the Contract may order Changes in the Work consisting of additions, de- letions, or modifications, the Contract Sum and the Con- tract Time being adjusted accordingly. All such Changes in the Work shall be authorized by written Change Order signed by the Owner or the Architect as his duly author- ized agent. 21.2 The Contract Sum and the Contract Time may be changed only by Change Order. 21.3 The cost or credit to the Owner from a Change in the Work shall be determined by mutual agreement. AIA DOCUMENT A107 ° SMALL CONSTRUCTION CONTRACT · JANUARY 1974 EDITION ' AIA® · ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 6 ARTICLE 22 CORRECTION OF WORK The Contractor shall correct any Work that fails to con- form to the requirements of the Contract Documents where such failure to conform appears during the progress of the Work, and shall remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one year from the Date of Substantial Completion of the Contract or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents. The provisions of this Article 22 apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor. ARTICLE 23 TERMINATION BY THE CONTRACTOR If the Architect fails to issue a Certificate of Payment for a period of thirty days through no fault of the Con- tractor, or if the Owner fails to make payment thereon for a period of thirty days, the Contractor may, upon seven days' written notice to the Owner and the Archi- tect, terminate the Contract and recover from the Owner payment for all Work executed and for any proven loss sustained upon any materials, equipment, tools, and construction equipment and machinery, including rea- sonable profit and damages. ARTICLE 24 TERMINATION BY THE OWNER If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner may, after seven days' written notice to the Contractor and without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor or, at his option, may terminate the Contract and take possession of the site and of all materials, equip- ment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method he may deem expedient, and if the unpaid balance of the Contract Sum exceeds the expense of finishing the Work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the Owner. ARTICLE 25 MISCELLANEOUS PROVISIONS AIA DOCUMENT A107 · SMALL CONSTRUCTION CONTRACT · JANUARY 1974 EDITION · AIA® · ©1974 7 THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 PITKIN COUNTY - CROWN MOUI1TAIN~ OWNER-CONTRACTOR AGREEMENT~ Continued 9 September 1974 This Agreement executed the day and year first written above. PITK,[N COUNTY CO..NL~ISSION ~ CROWN~NTAIN CONSTRUCTION CORP. JUL[E ~¢ANE, Clerk, DAN 8o LE_vZ~.S. ON,4~ Pr~ssi~ DATE :/ .¢'-,/~' - ~,('/ DATE: AIA DOCUMENT A107 · SMALL CONSTRUCTION CONTRACT · JANUARY 1974 EDITIOI~ · AIWA® · ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 SEP - 9 '374 S .... ,., :274 P.('. i!n:: 106 Up~:,: i'cv:io'.,ii ,; thc ~ : ' ' d,t thc lo,.'i:~ COl:ts: ]{ .in,ted beams dii'cc~lU. 7.'c '.ill l:,e rc:upoh::ib!c i.,. tl;u ship,,tcn~ at no cxl,z';L cosL as v.'o did 1;:::~ ,:c~ irc}':,- time. For c;~:;*lt/, deAzLvc:'y~ if t t c::~ be a:u'r~:,:ed, eno :,'y~: a >mc:h/u::; o:' about ~;llO0 and for ~'ujulr.r duliver (t;p ~o lO ',:et. ks) al)out 20zJ ]osa of ~000. ,fo are c::;tc~ %uot:tb]on~ [xld dc~ivor~ binos which vzi}~ ~atc Llouday or ~ccday. :.,)-',: t,l::n L, 4000. Nob inc]u4cd ;; 4:' : :; ;. rcsu].% ,of thc j;~ckin{/ op~rc:tLon. p!c;~}c (lo not h s' ASPEN, COLORADO 81611 '1 PHONE 925-4364 . JOB~ 1ROWN MOD~TAIN CONSTRUCTION _ BILLING NO,~ TO! J I : .... I' I. !'~ , Labor Total.. LABOR ! , Unemployment --. TAXES,: __ ~ICA Contribution ..... INS~. ~__ .. Wor,~'s.C~, ....... ~-~V Co~rohens~_. MA~fLS~ ~ T~r : t~ Sta',e. ~, ~.-~ , , , ' 2/2 _ _i ' I S~bcou ~rac~ EQUIP. ReA'~al Tot~ SIC .I De ~ 2 rip ti~,n C 0 S TI THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A?07 Standard Form of Agreement Between owner and Contractor Short Form Agreement for Small ConstrUctiOn Contracts, Where the Basis of Payment is a STIPULATED SUM THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH 'AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION For other contracts the AIA issues Standard Forms of Owner-Contractor Agreements and Standard General Conditions of the Contract for Construction for use in connection therewith. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made this Ninth. (9th) Hundred and Seventy Four day of September. in the year Nineteen BETWEEN the Owner: and the Contract(~r: the Project: Install support under the District Courtroor, floor at the west Pitkin County Courthouse. Pitkin County Commission P. O. Box 4096 Aspen~ Colorado 81611 · Crown Mountain Construction Corporation P. Oo Box 2012 Aspen~ Colorado 81611 laminated beams and columns to provide additional end of the the Architect: Theodore L. btularz, AIA, Architects The Owner and Contractor agree as' set forth below. AIA DOCUMENT A107 ° SMALL CONSTRUCTION CONTRACT · JANUARY 1974 EDITION ° AIA® ° ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 I ARTICLE 1 THE. WORK The Contractor shall perform all the Work required by the Contract Documents for Pitkin County Courthouse Remodel Aspen~ Colorado 7405-9 ARTICLE 2 TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced U pon a r r i va I beams and columns. of laminated andcomPleted within fifteen working days after commencement, ARTICLE 3 CONTRACT SUM The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change Order as provided in the General Conditions, in current funds, the Contract Sum of Cost plus ten percent (10~) overhead plus ten percent (10~) profit not tO exceed four thousand and 00/100 dol lars~ (~Z~O00,O0).* *Does not include cost of laminated beams and columns which will be ordered by the contractor and paid for directly by the owner, AIA DOCUMENT A107 ' SMALL CONSTRUCTION CONTRACT ° JANUARY 1974 EDITION ' AIA® ' ©1974 THE AMERICAN [NSfITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., %¥ASHINGTON, D.C. 20006 ARTICLE 4 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make ~'~O~(payment~(on account of the Contract Sum to the Contractor as follows: One lump sum payment upon receipt of "Application and Certificate for Payment" from Contractor. (Ih~e to double staginG' caused by beam delivery date~ payment vrill be' made in t¥,'o bil~incs) ARTICLE 5 FINAL PAYMENT /~..~/ The Owner shah make final payment within tS~t~.¢ /days after completion of the Work, provided the Contract be then fully performed, subject to the provisions of Article 16 of the General Conditions. ARTICLE 6 ENLIMERATION OF CONTRACT DOCUMENTS The Contract Documents are as noted in Paragraph 7.1 of the General Conditions and are enumerated as follows: That portion of SHEET NO. 81 which applies to the structure to be placed under the second floor dated 29 July 1974. AIA DOCUMENT A107 · SMALL CONSTRUCTION CONTRACI' ' JANUARY 1974 EDITION ' AIA® ' ©1974 THE AMERICAN ~NSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 GENERAL COND[TIONS ARTICLE 7 CONTRACT DOCUMENTS 7.1 The Contract Documents consist of this Agreement (which includes the General Conditions), Supplementary and other Conditions, the Drawings, the Specifications, all Addenda issued prior to the execution of this Agree- ment, all modifications, Change Orders, and written interpretations of the Contract Documents issued by the Architect. These form the Contract and what is required by any one shall be as binding as if required by all. The intention of the Cootract Documents is to include all labor, materials, equipment and other items as provided in Paragraph 10.2 necessary for the proper execution and completion of the W6rk and the terms and conditions of payment therefor, and also to include ail Work which may be reasonably inferable from the Contract Documents as being necessary to produce the intended results. 7.2 The Contract Documents shah be signed in not less than triplicate by the Owner and the Contractor. If either the Owner or the Contractor do not sign the Drawings, Specifications, or any of the other Contract Documents, the Arcl~itect shall identify them. By executing the Con- tract, the Cogtractor represents that he has visited the site and familiarized himself with the local conditions under which the Work is to be performed. 7.3 The term Work as used in the Contract Documents includes all labor necessary to produce the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in s~Jch construction. ARTICLE 8 ,~RCHITECT 8.1 The Architect will provide general administration of the Contract and will be the Owner's representative during construction and until issuance of the final Certi- ficate for Payment. 8.2 The Architect shall at all' times have access to the Work wherever it is in preparation and progress. 8.3 The Architect will make periodic visits to the site to fami[iarize, himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of his on-site observations as an architect, he will keep the Owner informed of the progress Of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. The Architect wi][ not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ']'he Archi- tect will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 8.4 Based on such observations and the Contractor's Applications for Payme~t, the Architect will determine the amounts os¥ing to the Contractor and will issue Cer- tificates for Payment in accordance with Article 17. 8.5 The Architect will be, in the first instance, the in- terpreter of the requirements of the Contract Documents. He will make decisions on all claims and disputes be- tween the Owner and the Contractor. All his decisions are subject to arbKration. 8.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. ARTICLE 9 OWNER 9.i The Owner shall furnish all surveys. 9.2 The Owner shall secure and pay for easements for permanent structures or permanent changes in existing facilities. 9.3 The Owner shall issue all instructions to the Con- tractor through the Architect. ARTICLE 10 CONTRACTOR 10.1 The Contractor shall supervise and direct the work, using his best skill and attention. The Con- tractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures -and for coordinating all portions of the Work under the Contract. 10.2 Un[ess otherwise specifically noted, the Contractor shall provide and pay for ali labor, materials, equipment, tools, construction equipment' and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and com. ple- tion of the Work. 10.3 The Contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ on the Work any unfit person or any- one not skilled in the task' assigned to him. 10.4 The Contractor warrants to the Owner and the Architect that ali materials and equipment incorporated in the Work will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Docu- merits. AH Work not so conforming to these standards may be considered defective. 10.5 The Contractor shall pay ali sales, consumer, use and other similar taxes required by law and shall secure ali permits, fees and licenses necessary for the execution of the Work. 10.6 The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and orders of any public authority bearing on the performance of AIA DOCUMENT A107 * SMALL CONSTRUCTION CONTRACT · JANUARY 1974 EDITION * AIA®* ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 the Wot:k, and shali notify the Architect if the Drawings and Specifications are at variance therewith. 10.7 The Contractor shall be responsible for the acts and omissions of all his employee~ and all Subcon- tractors, their agents and employees and all other persons performing any of tile Work under a contract with the Contractor. 10.8 The Contractor shall review, stamp with his ap- proval and submit all samples and shop drawings as directed for approval of the Architect for conformance with the design concept and with the information given in the Contract Documents. The Work shall be in ac- cordance with approved samples and shop drawings. 10.9 The Contractor at all times shall keep the premises · free from accbmulation of waste materials or rubbish caused by his operations. At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as his tools, construction equipment, machinery and surplus materials, and shall dean all glass surfaces and shah leave the Work "broom clean" or its equivalent, except as otherwise specified. 10.10 The Contractor shall indemnify and hold harmless the Owner and the Architect and their agents and em- ployees from and against all claims, damages, losses and expenses including attorney's' fees arising out of or result- ing from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attribut- &hie to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the Koss of use resulting there- from, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Sub- contractor, anyone directly or indirectly employed by any of them or anyone for whose' acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the Owner or the Architect or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Para- graph 10.10 shall not he limited in any way by any [imi- tation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Sub- 'contractor under workmen's compensation acts, dis- ability benefit acts or other employee benefit acts. The obligations of the Contractor under this Paragraph 10.10 shall not extend to the liability of the Architect, his agents or emp[oyees arising out of (1) the preparation or approval of maps, drawings, opinions, reports, sur- veys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 11 SI~BCONTRACTS 11.1 A Subcontractor is a person who has a direct contract with the Contractor to perform any of the Work at the site. 11.2 Unless otherwise specified in the Contract Docu- ments or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Architect in writing a list of the names of Subcontractors proposed for the principal por- tions of the Work. The Contractor shall not employ any Subcontractor to whom the Architect or the Owner may have a reasonable objection. The Contractor shall not be required to employ any Subcontractor to whom he has a reasonable objection. Contracts between the Con- tractor and the Subcontractor shall be in accordance with the terms of this Agreement and shall include tile General Conditions of this Agreement insofar as applicable. ARTICLE 12 SEPARATE CONTRACTS 12.1 The Owner reserves the right to award other con- tracts in connection with other portions of the Proiect or other work on the site under these or similar Condi- tions of the Contract. 12.2 The Contractor shall afford ~ther contractors rea- sonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his Work with theirs. 12.3 Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. ARTICLE 13 ROYALTIES AND PATENTS The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims for in- fringement of any patent rights and shall save the Owner harmless from loss on account thereof. xim:e ~f:t~ ~ x~,g~x IXaX xr~r~ x ARTICLE 15 TIME 15.1 All time limits stated in the Contract Documents are of the essence of the Contract. 15.2 If the C~ntractor is delayed at any time in the progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in transportation, unavoidable casualties, causes beyond the Contractor's control, or by any cause which the Architect may de- termine justifies the delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. AIA DOCUMENT A107 ° SMALL CONSTRUC¥1ON CONTRACT ° JANUARY 1974 EDITION · AIA® · ©1974 5 THE AMERICAN ~NSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 ARTICLE 16 PAYMENTS 16,1 Payments shall be made as p~:ovided in Article 4 of this Agreement. 16.2 Payments may be withheld on account of (1) de- fective Work not remedied, (2) claims filed, (3) failure' of the Contractor to make payments properly to Sub- contractors or for labor, materials, or equipment, (4) damage to another contractor, or (5) unsatisfactory prose- cution of the Work by the Contractor. 16.3 Final payment shall not be due until the Con- tractor has delivered to the Owner a complete release of · all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a I~en could be filed, or a bond satisfactory to the Owner indemnifying him against any lien. 16.4 The making of final payment shall constitute a waiver of all claims by the Owner except those arising from (1) unsettled liens, (2) fauh¥ or defective Work ap- peariog after Substantial Completion, (3) failure of the Work to comply wlth the requirements of the Contract Documents, or (4) terms of any special guarantees re- quired by the Contract'Documents. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writ- lng and still unsettled. ARTICLE 17 PROTECTION OF PERSONS AND PROPERTY The Contractor shall be responsible for initiating, main- taining, and supervising all ~afety precautions and pro- grams in connection with the Work. He shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to (1) all employees on the Work and other persons who may be affected thereby, (2) all the Work and all materials and equipment to be incorporated therein, and (3) other propertY/ at the site or adjacent thereto. He shall comply with all applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safety of persons or property 'or to protect them from damage, injury or loss. All damage or loss to any property caused in whole or in part by the Contractor, any Subcontractor, any Sub- subcontractor or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable to faulty Drawings or Specifications or to the acts or omissions of the Owner or Architect or anyone employed by either of them or for whose acts either of them may be liable but which are not attributable to the fault or negligence of the Contractor. ARTICLE 18 CONTRACTOR'S LIABILITY INSURANCE The Contractor and each separate Contractor shall pur- chase and mainta.in such insurance as will protect him from claims under workmen's compensation acts and other employee benefit acts, from claims for damages because of bodily injury, including death, and from claims for damages to property which may arise out of or result from the Contractor's operations under this Contract, whether such operations be by himself or by any Sub- contractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than any limits of Jiability specified as part of this Con- tract, or required by law, whichever is the greater, and shah include contractual liability insurance as applicable to the Contractor's obligations under Paragraph 10.10. Certificates of such insurance shall be filed with the Owner and each separate Contractor. ARTICLE 19 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and .maintaining his' own liability insurance and, at his op- tion, may maintain such insurance as will protect him against claims which may arise from operations under the Contract. ARTICLE 20 PROPERTY INSURANCE 20.1 Unless otherwise provided, the Owner shall pur- chase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work and shall insure against the perils of Fire, Extended Coverage, Vandalism and Malicious Mischief: 20.2 Any insured loss is to be adjusted with the Owner and made ·payable to the Owner as trustee for the insureds, as the·ir interests may appear, subject to the requirements of any mortgagee clause. 20.3 The Owner shah file a copy of all policies with the Contractor prior to the commencement of the Work. 20.4' The Owner and Contractor waive ail rights against each other for damages caused by fire or other perils to the extent covered by insurance provided under this paragraph. The Contractor shall require similar waivers by Subcontractors and Subbsubcontractors. ARTICLE 21 CHANGES IN THE WORK 21.1 The Owner without invalidating the Contract may order Changes in the Work consisting of additions, de- letions, or modifications, the Contract Sum and the Con- tract Time being adiusted accordingly. All such Changes in the Work shall be authorized by written Change Order signed by the Owner or the Architect as his duly author- ized agent. 21,2 The Contract Sum and the Contract Time may be changed only by Change Order. 21.3 The cost or credit to the Owner from a Change in the Work shall be determined by mutual agreement. AIA DOCUMENT A107 · SMALL CONSTRUCTION CONTRACT' JANUARY 1974 EDITION · AIA®· ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE~, N.W., WASHINGTON, D. C. 20006 6 ARTICLE 22 CORRECTION OF WORK The Contractor shall correct any Work that fails to con- ' form to the requirements of the Contract Documents where such failure to conform appears during the progress of the Work, and shall remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one year from the Date of Substantial Completion of the Contract or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents. The provisions of this Article 22 apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor. ARTICLE 23 TERMINATION BY THE CONTRACTOR If the Architect fails to issue a Certificate of Payment for a period of thirty days through no fault of the Con- tractor, or if the Owner fails to make payment thereon for a period of thirty days, the Contractor may, upon seven days' written notice to the Owner and the Archi- tect, terminate the Contract and recover from the Owner payment for all Work executed and for any proven loss sustained upon any materials, equipment, too]s, and construction equipment and machinery, including rea- sonab[e profit and damages. ARTICLE 24 TERMINATION BY THE OWNER If .the Contractor. defaults' or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner may, after seven days' written notice to the Contractor and without preiudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor or, at his option, may terminate the Contract and take possession of the site and of all materials, equip- ment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the -Work by whatever method he may deem .expedient, and if the unpaid balance of the Contract Sum exceeds the expense of finishing the Work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the Owner. ARTICLE 25 MISCELLANEOUS PROVISIONS AIA DOCUMENT A107 · SMALL CONSTRUCTION CONTRACT' JANUARY 1974 EDITION · AIA® · ©1974 7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 · PI. TK IN COUNTY - CROWN Mour~TA IN ~ OWNER-CONTRACTOR AGREEMENT~ Continued 9 September 1974 This Agreement executed the day and year first written above. PITK~LN COUNTY C f(~Z~.,MISSION .~ CROWN,/~O~NTAIN CONSTRUCTION CORP. CONTR~T~ R / ~..~. ~,~- JUL]E ~ANE~ Clerk. DAN B, LEVI~SO~ .Presiden~ AIA DOCUM[NT A107 · SMALL CONSTRUCTION CONTgACT' ~ANUARY1974 [DITIO~ ~ A~8 ~ ~1974 TH~ AM6RICAN INSTITU~E'OF ARCHITECTS, 173~ N[W YORK AVE. N.W. WASHINGTON~ D. C, 20006 SEP - 9 i9Z4 1, ~'.:~ Co~,~d"~ ,;~,'" it did ill '"~=c' first s~.%~" --n m;ly l~ulc~ se tko in~; tho "'~'D ,~ ~ ~ ' delivery time. Yoi~ c~rly de]ivocy~ if it can be ai'z';u:Led, one ~1~00 .... ~ - · p~yz a ~-~.,~u,., or ;~bout .... ' and for (u:) to 10 .,e ..... ) about" ' ' . =0~ less or *pO0. Tfo arc av:a~ c::~ct quotations and dolivery tines v;.;zcn v:ili bo available .~ l.O,lO ~y Or 'i~ogday. 2. Croval "~.~o~l;~nin' Con~ti<ction Corpora{ion ~will pzovido. ~i'~. . fit- tincn, bolt~: ~md installation. The job ~nay to o o~,~i~ in tho fo~'m~;t of .tho '~ .~c~ u ...... '~id our ,Jest O. ~,.L~tc ic that it will CO[;% n, moro ~"'~.~,=i ~4000. ~;ot inc].udcd i:; tho, repair oY cci.inf-~:~ o,;c;dr ;~:; :. ro~u].t of tho jac!zin,,f opciu~tlon. C;.iCC '.,'iii,,~c,.p~' ~ ~' ..... t~ ,.uco"', ~,~..e disrun' tion' of,~tlio ........... ..or., of ~,-. ~ ~,,,,e o;.L~.~yccs to a minimum but it must be '~do~ztood t!iat ii' tho ri:<:. :.;,. i Si,:t du~in,~. o certain critical ooori:tionz. , ,-,:ldj ~ t, c.,r ?h:.n]: y~u for your consideration, if there a~'e furthcr quogtions p!c;:;:c do not ' "~ ~' ~ ] P.O .... ~2012 ASPEN, COLORADO 81511 PHONE 925-4364