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HomeMy WebLinkAboutOrdinance No. 654 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~.~q AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH /~/E~ ~ ~ /~ Y.~ ~ ~ 7'-~/~_~ FOR THE INSTALLATION OF ELECTRICAL SERVICE AT STEWART CREEK PARK IN THE AMOUNT OF $ ~y~, o~ ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the City a contract with /~ ~ ~~/~ for the installation of electrical service at Stewart Creek Park. in the amount of $ ~, ~ The approved form of such contract is attached hereto as Exhibit "A", and made a part hereof for such purposes. Section 2. This Ordinance shall take effect i mediately from and after its passage by the City Council of the City of The Colony, Texas. DULY PASSED AND APPROVED by t~ City Council of the City of The Colony, Texas, on this the /~day of ~ . 1990. APP~VED: William ~ ~anning, ~ ATTEST: Patti A. Hicks, City Secretary [S~] APPROVED AS TO FORM: John Boyle, City Attorney T H E A M E R I C A N I N S T I T.. U T E 0 F A R C H I T E C T S AIA Document Al07 Abbreviated Form of Agreement Between Owner and Contractor For CONSTRUCTION PROJECTS OF LIMITED SCOPE where the Basis of Payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSUL TA TION 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 A.ssociated General Contractors of America. AGREEMENT made as of the 1 1 th day of September i,] the year of Nineteen Hundred and Ninety BETWEEN the Owner: City of The Colony (Name and address) 5151 North Colony Boulevard The Colony, Texas 75056 and the Contractor: Nema 3 Electric, Inc. (Name and acldres'9 P.O. BOX 697 ,:Cedar Hill, Texas 75104 The Project is: Stewart'~s Creek Park Electric Service (Name and location) Expsnsion ?roi ect Stewart's Creek Park The Colony, Texas 75056 The Architect is: (Name and addrexa) The Owner and Contractor agree as set forth below. Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1974, 1978, © 1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of tile material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject {o legal prosecution. AIA r~OCUI~I[~blT Al0? ' ABBREVIATED OWNER-CONTRACTOR AGREEMENT · NINTlq EDITION · AIA~ · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C 20006 A107-1987 I AR31CLE 1 THE WORK OF THIS CONTRACT 1.1 The Contractor sh'.fll execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of ()tilers, or a.s follows: ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement is the date from which the Contract Time of Paragraph 2.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated l~21()w or provision is made for the date to be fixed in a notice to pro- ceed issued by tile Owner. 9-13-90 2.2 The Contractor shall achieve Substantial Completion of tile entire Work not later than , subject to adjustments of this Contract Time as provided in the Contract Documents. ARTICLE 3 CONTRACT SUM 3.1 The Owner shall pay the Contractor in current funds tbr the Contractor's pertbrmancc of the Contract the Contract Sum of Six thousand five hundred ninety-five dollars & no cents Dollars ($ 6. 595.00 ), sbbject to additions and deouctlons as provided ii1 the Contract Documents. AI$~ ~4~ClJMIeNT ~,1 {}~r · ABRREVIATED OWNER CONTRACTOR AGREEMENT · NlN'rJl EDiTiON · AiA® · (c) 1987 THE AMERICAN INS1TI'UTE OF ARUHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C. 2(~R16 A107-1987 2 t~.9 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: Unit prices, if any, are as follows: ARTICLE 4 PROGRESS PAYMENTS 4.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by thc Architect, the Owner shall make progress payments on account of the Contract Sun] to the Contractor as provided below and else- where in the Contract Documents, The period covered by each Application for Payment sfiall be one calendar montfi ending on tfie last day of the month, or as follows: upon completion of job. 4.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at thc rate stated below, or ix] tfic absence thereof, at the legal rate prevailing from time to time at the place where tfie Project is located. ARTICLE 5 FINAL PAYMENT $.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made 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 are listed in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: 6.1.1 The Agreement is this executed Abbreviated FormofAgreement Between Owner and Contractor, AiADocument Al07, 1987 Edition. 6.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Title Pages 6.1.3. The Specifications are those contained in the Project Manual dated as in Subparagraph 6,1.2, m~¢l are as follows: Section Title Pages 6.1.4 The Drawings are as follows, and are dated unless a different date is shown below: Number Title Date 6.1.5 The Addenda, if any, are as follows: Nu~nber Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are als() enumerated in this Article 6, 6.1.6 Other documents, if any, forming part of the Contract Documents are as follows: GENERAL CONDITIONS ARTICLE 7 ARTICLE 9 CONTRACT DOCUMENTS CONTRACTOR 7.1 Thc Contract Documents consist of this Agreement with 9.1 Thc Contractor shall supervise and direct thc Work, using Conditions of the Contract (General, Supplementary and other the Contractor's best skill and attention. The Contractor shall Conditions), Drawings, Specifications, addenda issued prior to be solely responsible for and have control over construction tile execution of this Agreement. other documents listed in this means, methods, techniques, sequences and procedures and Asreement and Modifications issued after execution of this for coordinating all portions of the Work under the Contract, Agreement. The intent of the Contract Documents is to include unless Contract Documents give other specific instructions all items necessary for the proper execution and completion of concerning these matters. the Work by the Contractor. Thc Contract Documents are complementary, and what is required by one sball be as bind- 9.2 Unless otherwise provided in the Contract Documents, the lng asifrequired by all; performance by the Contractorshallbe Contractor shall provide and pay for labor, materials, equip- required only to tile extent consistent with the Contract Docu- merit, tools, construction equipment and machinery, water, ments and reasonably inferable from tbem as being necessary heat, utilities, transportation, and other facilities and services to produce thc intended results, necessary fur the proper execution and completion of the Work, whether temporary or permanent and whether or not ?.2 The Contract Documents sball not be construed to create a incorporated or to be incorporated in the Work. comractual relationship of any kind (1) between the Architect 9.3 The Contractor shall enforce strict discipline and good and Contractor, (2) between the Owner and a Subcontractor or Sub-subcontractor or (3) between any persons or entitles other order among the Contractor's employees and other persons than the Owner and Contractor. carrying out thc Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks ?.$ Execufion of the Contract by the Contractor is a represen- assigned to them. ration that the Contractor has visited the site and become farnil- 9.4 The Contractor warrants to the Owner and Architect tbat Jar with tile local conditions under which the Work is to be performed, materials and cquipmeru l~rnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free 7.4 The term "Work" means the construction and services from detects not inherent in the quality required or pemfitted, required by the Contract Documents, whctber completed or anti that tbe Work will conform with the requirements of tile equipment and services provided or to be provided by the Contractor to fulfill tbe Contractor's obligations. Tbe Work merits, including substitutions not properly approved and may constitute the whole or a part of the Project. authorized, may be considered defective. Tbe Contractor's warranty excludes remedy for dan~age or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal the Contractor shall furnish satisfactory evidence ms to the kind ARTICLE 8 and quality of materials and equipment. OWNER 9.5 Unless otberwise provided in the Contract Documents, the Contractor shall pay sales, consumer, use, and other similar 8.1 The Owner shall furnish surveys and a legal description of taxes which are legally enacted when bids are received or nego- thc site. fiations concluded, whether or not yet effective or merely scheduled to go into effect, and shall secure and pay fur the 8.2 Except for permits and fees which are the responsibility of building permit and other permits and govemntental fees, the Contractor under the Contract Documents, the Owner shall licenses and inspections necessary for proper execution and secure and pay for necessary approvals, easements, assessments completion of thc Work. ' and charges required for the construction, use or occupancy of 9,6 Thc Contractor shaJl comply witb and give notices . permanentstructuresorpermanentchangesinexistingfacilitics, required by laws, nrdimmces, rules, regulations, and lawful orders of public authorities bearing on performance of the ].$ If the Contractor fails to correct Work which is not in Work. The Contractor shall promptly notify thc Architect and order thc Contractor to stop the Work, or any portion thereof, 9.? Tbe Contractor shall be responsible to the Owner for tile until the cause for sucb order has been eliminated; bowcver, acts and omissions of the Contractor's employees, Subcontrac- the right of the Owner to stop the Work sball not give rise to a tors and their agents and employees, and other persons per- duty on the part of the Owner to exercise this right for the fi)m~ing portions of the Work under a contract with the 9.8 The Contractor shall review, approve and submit to the ARTICLE 10 Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- ADMINISTRATION OF THE CONTRACT able promptness. The Work shall be in accordance with approved submittals. When professional certification of per- 10.1 The Architect will provide administration of the Contract formance criteria of materials, systems or equipment is required and will be the Owner's representative (I) during construction, by the Contract Documents, the Architect shall be entitled to (2) until lmm payment is due and (3) with the Owner's concur- rely upon the accuracy and completeness of such certifications, rence, from time to time during the correction period described in Paragraph 18.1 9.11 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish 10.2 The Architect will visit the site at intervals appropriate to caused by operations under the Contract. At completion of the the stage of construction to become generally familiar with the Work the Contractor shall remove from and about the Project progress and quality of the completed Work and to determine waste materials, rubbish, the Contractor's tools, construction in general if the Work is being performed in a manner indicat- equipment, machinery and surplus materials, in8 that the Work, when completed, will Be in accordance with the Contract Documents. However, the Architect will not be 11.10 The Contractor shall provide the Owner and Architect required to make exhaustive or continuous on-site inspections access to the Work in preparation and progress wherever to check quality or quantity of the Work. On the basis of on- located, site observations as an architect, the Architect will keep the Owner informed of progress of the Work and will endeavor to 0.11 The Contractor shall pay all royalties and license fees; guard the Owner against defects and deficiencies in the Work. shall defend suits or claims for infringement of patent rights :md shall hold the Owner harmless from loss on account thereof, 10.:3 The Architect will not have control over or charge of and but shall not be responsible for such defense or loss when a will not be responsible for construction means, methods, tech- particular design, process or product of a particular ~nanufac- niques, sequences or procedures, or fur safety precautions and turer or manufacturers is required by the Contract Documents programs in connection with the Work, since these are solely unless the Contractor has reason to believe that there is an the Contractor's responsibility as provided in Paragraphs 9.1 infringement of patent, and 16.1. The Architect will not be responsible for the Contrac- tor's failure to carry out the Work in accordance with tim Con- !1.12 To the fullest extent permitted by law, the Contractor tract Documents. shall indemnify and hold harmless the Owner, Architect, Archi- 10.4 Based on the Architect's observations and evaluations of tect's consultants, and agents and employees of may of them the Contractor's Applications for Payment, the Architect will from and against claims, damages, losses and expenses,.includ- review and certify the amounts due thc Contractor and will lng but not limited to attorneys' fees, arising out of or resultin8 issue Certificates for Payment in such amounts. from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, 10.$ The Architect will interpret and decide matters concern- disease or dcath, or to injury to or destruction of tangible prop- lng performance under and requirements of thc Contract Docu- erty (other than the Work itsel0 including loss of use resulting merits on written request of either the Owner or Contractor. therefrom, but only to thc extent caused in whole or in part by The Architect will make initial decisions on all claims, disputes negligent acts or omissions of thc Contractor, a Subcontractor, or other matters in question between the Owner and Contrac- anyone directly or indirectly employed by them or anyone for tor, but will not be liable for results of any interpretations or whose acts they may be liable, regardless of xvhether or not decisions rendered in good faith. The Architect's decisions in such claim, damage, loss or expense is caused in part by a party matters relating to aesthetic effect will be final if consistem with indcmnificd hereunder. Such obligatkm shall not be construed thc intent expressed in the Contract Documents. All other deci- to nggate, abridge, or reduce other rights or obligations of sions of the Architect, except those which have been waived idemnity which would otherwise exist as to a party or person by making or acceptance of final payment, shall be subiect to described in this l'aragraph 9.12. arbitration upon the written demand of either party. 9.12.1 In claims against any person or entity indcmnificd 10.6 The Architect will have authority co reject Work which under tbis Paragraph 9.12 by an employee of the Contractor, a does not confurm to the Contract Documents. Subcontractor, anyone directly or indirectly employed by them ~0.7 The Architect will review mad approve or take other or anyone for whose acts they may be liable, the indemnifica- appropriate action upon the Contractor's submittals such as tionobligation under this Paragraph 9.12 shallnot be limited by Shop Drawings, Product Data and Samples, but only for the a limitation on mnount or type of damages, compensation or limited purpose of checking for conformance with information benefits payable by or for the Contractor or a Subcontractor given and the design concept expressed in the Contract under workers' or workmen's compensation acts, disability Documents. benefit acts or other employee benefit acts. 10.8 All claims or disputes between the Contractor and tbe 9.12.2 The obligations of the Contractor under this Paragraph Owner arising out or relating to the Contract, or the breach 9.12 shall not extend to the liability of the Architect, the Archi- thereof, shall he decided by arbitratinn in accordance wilh the tcct's consultants, and agents and enrployees of any of them Constructinn Industry Arbitration Rules of the American Arbi- arising ()ut of(1)thc preparation or approval of maps, drawings, tration Association currently in effect unless Ihe parties mutu- opininns, reports, surveys, Change Orders, Construction ally agree otherwise and subject to an initial presentation of the Change Directives, designs or specifications, or (2) the giving of claim or dispute to the Architect as required under Paragraph or the failure to give directions or instructions by the Architect, 10.5. Notice of the dcm:md for arbitration shall he filed in writ- the Architect's consultants, and agents and employees of any of lng with thc other party to this Agreement and with the Amcfi- them provided such giving or failure to give is thc primary can Arhitration Association and shall hc made within a rcason- cause of thc injury or dmnage, at)lc time after the dispute has arisen. The award rendered by ~lA I[}O~UMI~NT Al0? * ABBREVIATEn OWNER.CONq RAC'i OR AGREEMENT ~ NINTH El)ri.iON. AiA® 7 A107-1987 'file AMERICAN INS'IITUTE OF ARCHITEUTS, 735 NEW YORK AVENUE, N.Xg the arbitrator or arbitrators shall be l'mal, and judgment maybe 12.3 Costs mused by delays, improperly timed activities or entered upon it in accordance with applicable law in any court defective construction shall be borne by the party responsible having jurisdiction thereof. Except by written consent of the therefor. person or entity sought to be joined, no arbitration arising out of or relating to the Contract Documents shall include, by con- ARTICLE 13 ~Oolitdation, joinder or in any other manner, any person or entity CHANGES IN THE WORK a party to the Agreement under which such arbitration arises, unless it is shown at the time the demand for arbitratinn 13.1 The Owner. without invalidating the Contract, may order is fried that ( 1 ) such person or entity is substantially involved in changes in the Work consisting of additions, deletions or modi- a common question of fact or law, (2) the presence of such per- fications, the Contract Sum and Contract Time being adjusted son or entity is required if complete relief is to be accorded in accordingly. Such changes in the Work shall be authorized by the arbitration, (3) the interest or responsibility of such person written Change Order signed by the Owner, Contractor and or entity in the matter is not insubstantial, and (4) such person Architect, or by written Construction Change Directive signed or entity is not the Architect or any of the Architect's by the Owner and Architect. employees or consultants. The agreement herein among the parties to the Agreement and any other written agreement to 13.2 The Contract Sum and Contract Time shall be changed arbitrate referred to herein shall be specifically enforceable only by Change Order. under applicable law in any court having jurisdiction thereof. 13.3 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement, ARTICLE 11 SUBCONTRACTS ARTICLE 14 11.1 A Subcontractor is a person or entity who has a direct TIME contract with the Contractor to perform a portion of the Work 14,1 Time limits stated in the Contract Documents are of the at the site. essence of the Contract. By executing the Agreement the Con- 11.2 Unless otherwise stated in the Contract Documents or the tractor confirms that the Contract Time is a reasonable period bidding requirements, the Contractor, as soon as practicable for performing the Work, after award of the Contract, shall furnish in writing to the 14.2 The date of Substantial Completion is the date certified Owner through the Architect the names of the Subcontractors for each of the principal portions of the Work. The Contractor by the Architect in accordance with Paragraph 15.3, shalI not contract with any Subcontractor to whom the Owner 14.3 If the Contractor is delayed at any time in progress of the or Architect has made reasonable and timely objection, The Work by changes ordered in the Work, by labor disputes, fire, Contractor shall not be required to contract with anyone to unusual delay in deliveries, abnormal adverse weather condi- whom the Contractor has made reasonable objection, Con- tions not reasonably anticipatable, unavoidable casualties or tracts between the Contractor and Subcontractors shall (1) any causes beyond the Contractor's control, or by other causes require each Subcontractor, to the extent of the Work to be which the Architect determines may justify delay, then the performed by the Subcontractor, to be bound to the Contrac- Contract Time shall be extended by Change Order for such rea- tor by the terms of the Contract Documents, and to assume sonable time a.~ the Architect may detennine. toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract Documents, assumes ARTICLE 15 toward the Owner and Architect, and (2) allow to the Subcon- tractor the benefit of all rights, remedies and redress afforded to PAYMENTS AND COMPLETION the Contractor by these Contract Documents. 15.1 Payments shall be made as provided in Articles 4 and 5 of ARTICLE 12 this Agreement. CONSTRUCTION BY OWNER OR 15.2 Payments [nay be withheld on account of (1) defective BY SEPARATE CONTRACTORS Work not remedied, (2) claims filed by third parties, (3) failure of the Contractor to make payments properly to Subcontrac- 12.1 The Owner reserves the right to perform construction or tots or for labor, materials or equipment. (4) reasonable evi- operations related to the Project with the Owner's own forces, dence that the Work cannot be completed for the unpaid bal- and to award separate contracts in connection with other pot- ance of the Contract Sum, (5) damage to the Owner or anotber tions of the Project or other construction or operations on.the contractor, (6) reasonable evidence that tile Work will not be site under conditions of the contract identical or substantially completed within the Contract Time and that the unpaid hal- similar to these, including those portions related to insurance ance would not be adequate to cover actual or liquidated dan~- and waiver of subrogation, if the Contractor claims that delay ages for tile anticipated delay, or (7) persistent failure to carry or additional cost is involved because of such action by the out the Work in accordance with the Contract Documents, Owner, the Contractor shall make such claim as provided else- 15.3 When the Architect agrees that the Work is substantially where in the Contract Documents. complete, the Architect will issue a Certificate of Substantial 12.2 The Contractor shall afford the Owner aJ~d separate con* Completion. tractors reasonable opportunity for the introduction and stor- 15.4 Final payment shall not become due until the Contractor age of their materials and equipment and performance of their has delivered to the Owner a complete release of all liens arising activities, and shall connect and coordinate the Contractor's ()ut of this Contract or receipts in full covering all labor, mate- construction and operations with theirs as required by the Con- rials and equipment for which a lien could be filed, or a bond tract Documents. satisfactory to the Owner to indemnify the Owner against such Al& DO~JMENT At0? · ABBREVIATED OWNER.CONTRACTOR AGREEMENT. NINTH EDiTiON. AiA® · ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C 20006 A107-1987 8 the Contractor shall refund to the Owner all money that the Contractor's operations under the Contract, whether such Owner may he compelled to pay in discharging such lien, operations be by the Contractor or by a Subcontractor or any- including all costs and rca.sonal)lc attorneys' fees. one directly t)r indirectly employed hy any of them. This insur- ance shall be written for not le~ than limits of liability specified 16.8 The making of final payment shall constitute a waiver of in the Contract Documents or required by law, whichever claims by the Owner except those arising from: coverage is greater, and shall include contractual liability insur- .1 liens, claims, security interests or encumbrances aris- ante applicable to the Contractor's obligations under Paragraph lng out of the Contract and unsettled; 9,12. Certificates of such insurance shall be filed with thc .2 failure of the Work to comply with the requirements Owner prior to the commencelnent of tile Work. 17.2 Thc Owner shall be responsible for purchasing and main- .3 terms of special warratlties required by the Contract raining the Owner's usual liability insurance, Optionally, the Owner may purchase and maintain other insurance for self- Acceptance of final payment by tile Contractor, a Subcontrac- protection against claims which may arise from operations tor or material supplier shall constitute a waiver of claims by under thc Contract. The Contractor shall not be responsible for that payee except those previously made in writing and idenfi- purchasing a~ld maintaining this optkmal Owner's liability fled by that payee as unsettled at the time of final Application insurance unless specifically reqt:ired by tile Comract 17.3 Unless otherwise provided, thc (),,viler shall purchase and maintain, in a company or companies lawfully authorized ARTICLE 16 to cio business ill the jurisdiction in wbich the Project is PROTECTION OF PERSONS AND PROPERTY located, property insurance upon the entire Work at thc site ti) the full insurable value thereof. This insurance shall bc on an all- 16.1 The Contractor shall be responsible for initiating, main- risk policy li)rm and shall include interests of tile Owner, the taining, and supervising all safety precautions and progranls in Contractor, Subcomractors and Suh-subcontractors itl the connection with the performal~ce of the Contract. The Con- Work and shall insure against tile perils of fire and extended tractor shall take reasonal)le precautions lbr safety of, anti shMl coverage anti physical loss or damage including, without dupli- provide reasonable protection to prevent damage, injury or loss cation of coverage, theft, vandalism and malickms miscbieL to: 17.ll. A k)ss insured under Owner's property insurance shall be .1 employees on the Work and other persons who may adjusted with the Owner and made payable to the Owner as be affected thereby; fiduciary for the insureds, its their interests may appear, subject .~' the Work and materials and equipment to be inter- to the requiremems of any applicable mortgagee clause, porated therein; and 17.5 The Owner shall file a copy of each policy with the Con .3 other property at thc site or adjacent thereto, tractor before an exposure to loss may occur. Each policy shall The Contractor shall give notices and comply with applicable contain a provision that the policy will not be cancelled or laws, ordinances, rules, regulations anti lawful orders of public allowed to expire until at lea.st 30 days' prior written notice has authorities bearing on safety of persons and property and their been given to the Contractor. protection from damage, injury or loss. The Contractor shall 17.6 Tile Owner and Contractor waive all rights against eacl~ promptly remedy damage and loss to property at the site other and the Architect, Architect's consultants, separate con- caused in whole or in part by the Contractor, a Subcontractor, :t tractors described in Article 12, if any, and any of their subcon- Sub-subcontractor, or anyone directly or indirectly employed tractors, sub-subcontractors, agents and employees, R)r dam- by any of them, or by anyone for whose acts the}, may he liable ages caused bi,' lire or other perils to the extent covered by :md for which the Contractor is responsible under Subpara property insurance obtained pursuant to [fils Article 17 or any graphs 16,1.2 and 16,1.3, except for damage tlr loss attributable other property insurance applicable to tile Work, except such to acts or omisskms of the Owner or Architect or by anyone for rights as they may have to the proceeds of such insurance held whose acts either of them may be liable, and not attributable to by the Owner as fiduciary. The Contractor shall require sintilar the fault or negligence of the Contractor. Thc foregoing obliga- waivers in favor nf tile Owner and tile Contractor by Suhcon- lions of the Contractor are in addition to the Contractor's obit- tractors and Sub-subcontractors. The Owner shall require simi- gallons under Paragraph 9,12. lar waivers in farter of the Owner and Contractor by the Archi consent ally Work relating to asbestos or polychlorinated Article 12, if any, and the suhcontractors, sub subcontractors, biphenyl (PCB), agents and empk)yees of any of them, ARTICLE 17 ARTICLE 18 INSURANCE CORRECTION OF WORK 17.1 Thc Contractor shall purchase from ;mci ~nalntain in a 18.1 The Contractor shall promptly correct Work rejected hy company or companies lawfully authorized to do business in the Architect or failing to conform to the requirements of tile the jurisdictkm in which the Project is located insurance for Contract Documents, whether observed before or after Sub- protection from claims under workers' or workmen's compen- stantial Completion and whether or not fabricated, installed or satk)n acts and other employee benefit acts which are applic- completed, and shall correct an5, Work found to be not in able, claims for damages because of bodily injury, including accordance with the requiremems of the Contract Documents death, and from claims for damages, other than to the Work within a period of ()ne year from thc date of Substantial Corn- pletion of tile Contract or by terms of an applicable special war- ARTICLE 20 this Article 18 apply to Work done by Subcontractors as well to Work done by direct employees of thc CImtractor. TERMINATION OF THE CONTRACT 18.2 Nothing contained in this Article 18 shall be construed to establish a period tfflimitatkm with respect to other obligations described in Paragraph 18. l relates only to the specific obliga- Ihils ti) make payment thereon lk)r a pcrk)d of 30 days, tile Con- ARTICLE 19 MISCELLANEOUS PROVISIONS 20.2 If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Docu- where the Project is located. without prejudice to any other remedy the Owner may have, cable statute of limitations shM] commence to run and any thereof, including compensation fi)r the Architect's services alleged cause of action shall be deemed tt) have accrued: and expenses made necessary thereby, from the payment then .1 not later than thc date of Substantial Completk)n for or thereafter due the Contractor. Alternatively, at the Owner's acts or fifilures to act occurring prior to the relevant option, :md uppn certification by the Architect that sufficieFff date of Substantial Completion; cause exists to justify such action, the Owner may terminate the Contract and take possession of the site and of all materials, .2 not later than the date of issuance of thc final Certifi- equipment, tools, antl construction equipment and machinery cate for Payment for acts or failures to act occurring thereon ()wiled by the Contrac or and may finish the Work by subsequent to the relevant date of Substantial Corn- whatever method the Owner nlay deem expedient, If the pletion and prior to issuance of thc lina] Certificate for unpaid balance of tile Contract Sum exceeds costs of finishing Payment; and the Work, including compensatior, for the Architect's services .3 not later than tile date of the relevant act or failure ti) and expenses made necessary thereby, such excess shall be ring after the date of the fin:fl Certificate for Payment. balance, [he Contractor shall pay the difference to the Owner. ARTICLE 21 OTHER CONDITIONS OR PROVISIONS This Agreement entered into as of the day and year first written above. ¥~/'fV~.. /V~,. i4~L~ ~~m R~C~y Cooper President 11 A107-1987 AIA ~CUMENT A107 ' ABBREVIATED OWNER'CONT~CTOR AGREEMENT ' NINTH ED['I ION ' AIA 10/87