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HomeMy WebLinkAboutOrdinance No. 01-1263 ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. /~ / ~ [ ~ 6, 3 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BURDEN BROTHERS, INC. FOR PURCHASE OF COOLING TOWERS FOR PUMP STATIONS; 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 Burden Brothers, Inc. for purchase of cooling towers. The approved form of contract is attached hereto as Exhibit "A", and made a part hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage by the City Council of the City of The Colony, Texas. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 8t~ day of January 2001. /q ATTEST:~~ '~/'~i ~ W'lli~ W. M~in~, Ma~or ~ Patti A. Hicks, T~C, City Secret~ APPROVED AS TO FORM: ttomey .IAI4i~l~lO AIA Document,4105 Standard Form of Agreement Between Owner and Contractor for a Small Project where the Basis of Payment is a STIPULATED SUM 1993 SMALL PROJECTS EDITION Because this document has important legal consequences, we encourage you to consult with an attorney before signing it. Some states mandate a cancellation period or require other specO'c disclosures, including warnings for home improvement contracts, when a document such as this will be used for Work on the Owner's personal residence. Your attorney should insert all language required by state or local law to be included in this Agreement. Such statements may be entered in the space provided below, or if required by law, above the signatures of the parties. This AGREEMENT is made: JANUARY 22, 2001 (Date) BETWEEN the Owner: THE CITY OF THE COLONY 6800 MAIN STREET THE COLONY, TX 75056-1133 and the Contractor: BURDEN BROTHERS, INC. 2020 N. BECKLEY AVENUE P.O. BOX 655942 DAT,I.AS, TX 75208 DALLAS, TX 75265 for the following Project: REMOVAL AND REPLACSlqENT OF COOLING TOWERS AT VARIOUS PUMP STATIONS IN THE CITY OF THE COLONY, TEXAS The Architect is: N/A RECEIVED JAN g 5 2001 The Owner and Contractor agree as follows. BY ENGINEERING DEPT ©Copyright 1993 by The American Institute of Architects. 1735 Neg' York Avenue, NW. Washington, D.C. 20006-5292. Reproduction of the material herein or substantial quotation of its provisions without the written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.  A IA DOOUMENT Al05 · OWNER-CONTRACTOR AGREEMENT--SMALL PROJECTS EDITION · AIA'* ° 01993 ° THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N1579F YORK AVENUE, N.W., WASHINGTON, D,C. 20(X)6-5292 · WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A105--1993 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contractor shall complete the Work described in the Contract Documents for the project. The Contract Documents consist of: .1 this Agreement signed by the Owner and Contractor; .2 AIA Document A205, General Conditions of the Contract for Construction of a Small Project, current edition; .3 the Drawings and Specifications prepared by the Architect, dated and enumerated as follows: Drawings: N/A Specifications: N/A .4 addenda prepared by the Architect as follows: ADDLq'qDUN biO. 01 DATED OC'IDB~ 24, 2000 .§ written change orders or orders for minor changes in the Work issued after execution of this Agreement; and .6 other documents, ifany, identified as follows: 1o BID PACKAGE DATED OC--'IDBER 19v 2000 2. SEE AT~ACHED BID DATE NOV]~V]BER 21, 2000 AIA DOCUMENT A105 · OWNER-CONTRACTOR AGREEMENT--SMALL PROJECTS EDITION · AIA* · ©1993 ° THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292 ° WARNING: UnlJce~(l photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A105--1993 2 ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE The date of commencement shall be the date of this Agreement unless otherwise indicated below. The Contractor shall substantially complete the Work not later than 120 CALENDAR DAYS subject to adjustment by Change Order. ' (Insert the date or number of calendar days after the date of commencement) ARTICLE 3 CONTRACT SUM 3.1 Subject to additions and deductions by Change Order, the Contract Sum is: ONE HUNDP~D SEVENTY THOUSAND, TWO HUNDRED SIXTY AND 00/100 DOLLARS ($170,260.00) 3.2 For purposes of payment, the Contract Sum includes the ~llowing values related to potions of the Work: Potion of Work V~ue CLOVER VALLEy PUMP STATION 51,420.00 MAIN STREET PUMP STATION 59,420.00 NORTH COLONY PUMP STATION 59,420.00 3.3 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. AIA DOCUMENT A105 · OWNER-CONTRACTOR AGREEMENT--SMALL PROJECTS EDITION · AIA* · 01993 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292 · WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A105--1993 3 ARTICLE 4 PAYMENT 4.1 Based on Contractor's Applications for Payment certified by the Architect, the Owner shall pay the Contractor as follows: (Here insert payment procedures and provisions for retainage, if ally.) MONTHLY PAY APPLICATIONS SUBMI~I~fED ON THE 25TH OF EACH MONTH. PAYMENT TO BE MADE WITHIN 30 CALENDAR DAYS, OF APPROVAL BY THE CITY, FOR EACH APPLICATION. 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate of 1.5% PER MONTH , or in the absence thereof, at the legal rate prevailing at the place of the Project. (Usuo/ 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 Con- tractor's pn'ncipal places of business, the location of the Project and elsewhere may affect the l,alidiO, of this provision.) ARTICLE 5 INSURANCE 5.1 The Contractor shall provide Contractor's Liability and other Insurance as follows: (Insert specifi'c insurance required ~, the Owner.) IN ACCORDANCE WITH BID DOCUMENTS 5.2 The Owner shall provide Owner's Liability and Owner's Property Insurance as follows: (Insert specific insurance furnished t~y the Ou,ner ) IN ACCORDANCE WITH BID DOCUMENTS 5.3 The Contractor shall obtain an endorsement to its general liability insurance policy to cover the Contractor's obligations under Paragraph 3.12 of AIA Document A205, General Conditions of the Contract for Construction of Small Projects. 5.4 Certificates of insurance shall be provided bv each party showing their respective coverages prior to commencement of the Work. ' AIA DOCUMENT A105 · OWNER-CONTRACTOR AGREEMENT--SMALL PROJECTS EDITION · AIA* · ©1993 · THE AMERICAN INSTITUTE. OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200005292 · WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A105--1993 4 ARTICLE 6 OTHER TERMS AND CONDITIONS (Insert any other terms or conditions below) SEE AT~ACHED AIA 205 This Agreement entered into as of the day and year first written above. (If required t~, law, insert cancellation period, disclosures or other warm'rig statements above the signatures.) (Signature) (Signature) (Printed name, title and address) (Printed name, title and address) Ptn; P.o. 6ss942 TACLA12338C LICENSE NO. JURISDICTION CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. AIA DOCUMENT A105 · OWNER-CONTRACTOR AGREEMENT--SMALL PROJECTS EDITION · &lA* ° {31993 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292 · WARNING: Unlicensed pholocopylng violates U.S. copyright laws and will subject the violator to legal prosecution. A105--1993 5 AIA Document A205 General Conditions of the Contract for Construction of a Small Project 1993 SMALL PROJECTS EDITION ARTICLE 1 2.2 OWNER'S RIGHT TO STOP THE WORK GENERAL PROVISIONS If the Contractor fails to correct Work which is not in accor- 1.1 THE CONTRACT dance with the Contract Documents, the Owner may direct the Contractor in writing to stop the Work until the correction The Contract represents the entire and integrated agreement is made. between the parties and supersedes prior negotiations, repre- 2.3 OWNER'S RIGHT TO CARRY OUT THE WORK sentations or agreements, either written or oral. The Contract may be amended or modified only by a written modification. If the Contractor defaults or neglects to carry out the Work in 1.2 THE WORK accordance with the Contract Documents and fails within a · seven day period after receipt of written notice from the The term "Work" means the construction and services required Owner to correct such default or neglect with diligence and by the Contract Documents, and includes all other labor, mate- promptness, the Owner may, without prejudice to other reme- rials, equipment and services provided by the Contractor to ful- dies, correct such deficiencies. In such case, a Change Order fill the Contractor's obligations, shall be issued deducting the cost of correction from pay- ments due the Contractor. 1.3 INTENT 2.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION The intent of the Contract Documents is to include all items AND TO AWARD SEPARATE CONTRACTS necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- 2.4.1 The Owner reserves the right to perform construction or mentary, and what is required by one shall be as binding as if operations related to the project with the Owner's own forces, required by all. and to award separate contracts in connection with other por- tions of the project. 1.4 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS 2.4.2 The Contractor shall coordinate and cooperate with AND OTHER DOCUMENTS separate contractors employed by the Owner. Documents prepared by the Architect are instruments of the 2.4.3 Costs caused by delays or by improperly timed activities Architect's service for use solely with respect to this project, or defective construction shall be borne by the party respon- The Architect shall retain all common law, statutory and other sible therefor. reserved rights, including the copyright. They are not to be used by the Contractor or any Subcontractor, Sub-subcontrac- tor or material or equipment supplier for other projects or for additions to this project outside the scope of the Work with- ARTICLE 3 out the specific written consent of the Owner and Architect. CONTRACTOR 3.1 EXECUTION OF THE CONTRACT ARTICLE 2 Execution of the Contract by the Contractor is a representa- OWNER tion that the Contractor has visited the site, become familiar with local conditions under which the Work is to be per- 2.1 INFORMATION AND SERVICES formed and correlated personal observations with require- REQUIRED OF THE OWNER ments of the Contract Documents. 2.1.1 If requested by the Contractor, the owner shall furnish 3.2 REVIEW OF CONTRACT DOCUMENTS AND and pay for a survey and a legal description of the site. FIELD CONDITIONS BY CONTRACTOR The Contractor shall carefully study and compare the Contract 2.1.2 Except for permits and fees which are the responsibility Documents with each other and with information furnished by of the Contractor under the Contract Documents, the Owner the Owner. Before commencing activities, the Contractor shall obtain and pay for other necessary approvals, easements, shall: (1) take field measurements and veri~ field conditions; assessments and charges. (2) carefully compare this and other information known to ©Copyright 1993 by The American Institute of Architects, 1735 New York Avenue, N.W. Washington D.C. 20006-5292. Reproduction of the material herein or substantial quotation of its provisions without the written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. . ~' [~IeNT ~ ° GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION-- SMALL PROJECTS EDITION · ALS,* · ©1993 · THE AMERIC.auN INS'ITFUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200(Y>5292 · WlIIRNI~: Unli~onood photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A205--1993 1 the Contractor with the Contract Documents; and (3) 3.{} USE OF SiTE promptly report errors, inconsistencies or omissions discov- The Contractor shall confine operations at the site to areas ered to the Architect. permitted by law, ordinances, permits, the Contract Docu- ments and the Owner. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, 3.10 CUTTING AND PATCHING using the Contractor's best skill and attention. The Contractor The Contractor shall be resportsible for cutting, fitting or shall be solely responsible for and have control over construc- patching required to complete the Work or to make its parts tion means, methods, techniques, sequences and procedures, fit together properly. and for coordinating all portions of the Work. 3.11 CLEANING UP 3.3.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the The Contractor shall keep the premises and surrounding area Architect the names of subcontractors or suppliers for each free from accumulation of debris and trash related to the Work. portion of the Work. The Architect will promptly reply to the Contractor in writing if the Owner or the Architect, after due 3.12 INDEMNIFICATION investigation, has reasonable objection to the subcontractors To the fullest extent permitted by law, the Contractor shall or suppliers listed, indemnify and hold harmless the Owner, Architect, Architect's consultants and agents and employees of any of them from 3.4 LABOR AND MATERIALS and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, from performance of the Work, provided that such claim, dam- equipment, tools, utilities, transportation, and other facilities age, loss or expense is attributable to bodily injury, sickness, and services necessary for proper execution and completion of disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use the Work. resulting therefrom, but only, to the extent caused in whole or 3.4.2 The Contractor shall deliver, handle, store and install in part by negligent acts or omissions of the Contractor, a Sub- materials in accordance with manufacturers' instructions, contractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused 3.5 WARRANTY in part by a party indemnified hereunder. The Contractor warrants to the Owner and Architect that: (1) materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or per- ARTICLE 4 mitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted; ARCHITECT'S ADMINISTRATION OF THE CONTRACT and (3) the Work will conform to the requirements of the Con- 4.1 The Architect will provide administration of the Contract tract Documents. as described in the Contract Documents. The Architect will have authority to act on behalf of the Owner only to the extent 3.6 TAXES provided in the Contract Documents. The Contractor shall pay sales, consumer, use and similar taxes that are legally required when the Contract is executed. 4.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the 3.7 PERMITS, FEES AND NOTICES progress and quality of the Work. 3.7.1 The Contractor shall obtain and pay for the building 4.3 The Architect will not have control over or charge of and permit and other permits and governmental fees, licenses and will not be responsible for construction means, methods, tech- inspections necessary for proper execution and completion of niques, sequences or procedures, or for safety precautions and the Work. programs in connection with the Work, since these are solely the Contractor's responsibility. The Architect will not be 3.7.2 The Contractor shall comply with and give notices responsible for the Contractor's failure to carry out the Work required by agencies having jurisdiction over the Work. If the in accordance with the Contract Documents. Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations 4.4 Based on the Architect's observations and evaluations of without notice to the Architect and Owner, the Contractor the Contractor's Applications for Payment, the Architect will shall assume full responsibility for such Work and shall bear review and certify the amounts due the Contractor. the attributable costs. The Contractor shall promptly notify the Architect in writing of any known inconsistencies in 4.5 The Architect will have authority to reject Work that does the Contract Documents with such governmental laws, rules not conform to the Contract Documents. and regulations. 4.6 The Architect will promptly review and approve or take appropriate action upon Contractor's submittals such as Shop 3.8 SUBMITTALS Drawings, Product Data and Samples, but only for the limited The Contractor shall promptly review, approve in writing purpose of checking for conformance with information given and submit to the Architect Shop Drawings, Product Data, and the design concept expressed in the Contract Documents. Samples and similar submittals required by the Contract Docu- ments. Shop Drawings, Product Data, Samples and similar sub- 4.7 The Architect will promptly interpret and decide mat- mittals are not Contract Documents. ters concerning performance under and requirements of the AIA DOCUMENT A205 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION SMALL PROJECTS EDITION ° AIA* · ©1993 · THE AMERICAN INSTrI'LrrE OF ARCHITECTS, 1735 NE~' YORK AVENUE, N.W., WASHINGTON, D.C. 200005292 · WARNING: Unlicensed photocopying 2 A205m1993 violates U.S. copyright laws and will subject the violator to legal prosecution. Contract Documents on written request of either the Owner the Contractor for performance of the Work under the Con- or Contractor. tra~t ~)ocuments. 4.8 Interpretations and decisions of the Architect will be con- 7.2 APPLICATIONS FOR PAYMENT sistent with the intent of and reasonably inferable from the Contract Documents and ~,ill be in writing or in the form of 7.2.1 At least ten days before the date established for each drawings. When making such interpretations and decisions, progress payment, the Contractor shall submit to the Architect the Architect will endeavor to secure faithful performance by an itemized Application for Payment for operations completed both Owner and Contractor, will not show partiality to either in accordance with the values stated in the Agreement. Such and will not be liable for results of interpretations or decisions application shall be supported by such data substantiating the so rendered in good faith. Contractor's right to payment as the Owner or Architect may reasonably require and reflecting retainage if provided for else- 4.9 The Architect's duties, responsibilities and limits of where in the Contract Documents. authority as described in the Contract Documents will not be changed without written consent of the Owner, Contractor 7.2.2 The Contractor warrants that title to all Work covered and Architect. Consent shall not be unreasonably withheld, by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment, all Work for ARTICLE 5 which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of CHANGES IN THE WORK the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encum- 5.1 After execution of the Contract, changes in the Work may brances adverse to the Owner's interests. be accomplished by Change Order or by order for a minor change in the Work. The Owner, without invalidating the 7.3 CERTIFICATES FOR PAYMENT Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or The Architect will, within seven days after receipt of the Con- other revisions, the Contract Sum and Contract Time being tractor's Application for Payment, either issue to the Owner a adjusted accordingly. Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify 5.2 A Change Order shall be a written order to the Contractor the Contractor and Owner in writing of the Architect's reasons signed by the Owner and Architect to change the Work, Con- for withholding certification in whole or in pact. tract Sum or Contract Time. 5.3 The Architect will have authority to order minor changes 7.4 PROGRESS PAYMENTS in the Work not involving changes in the Contract Sum or the 7.4.1 After the Architect has issued a Certificate for Payment, Contract Time and not inconsistent with the intent of the Con- the Owner shall make payment in the manner provided in the tract Documents. Such changes shall be written orders and Contract Documents. shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. 7.4.2 The Contractor shall promptly pay each Subcontractor and material supplier, upon receipt of payment from the 5.4 If concealed or unknown physical conditions are encoun- Owner, out of the amount paid to the Contractor on account tered at the site that differ materially from those indicated of such entities' portion of the Work. in the Contract Documents or from those conditions ordinar- ily found to exist, the Contract Sum and Contract Time shall be 7.4.3 Neither the Owner nor the Architect shall have respon- subject to equitable adjustment. , sibility for the payment of money to a Subcontractor or mater- ial supplier. ARTICLE 6 7.4.4 A Certificate for Payment, a progress payment, or par- tial or entire use or occupancy of the project by the Owner TIME shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. 6.1 Time limits stated in the Contract Documents are of the essence of the Contract. 7.5 SUBSTANTIAL COMPLETION 6.2 If the Contractor is delayed at any time in progress of 7.5.1 Substantial Completion is the stage in the progress of the Work by changes ordered in the Work, or by labor dis- the Work when the Work or designated portion thereof is putes, fire, unusual delay in deliveries, unavoidable casualties sufficiently complete in accordance with the Contract Docu- or other causes beyond the Contractor's control, the Contract ments so that the Owner can occupy or utilize the Work for its Time shall be extended by Change Order for such reasonable intended use. time as the Architect may determine. 7.5.2 When the Work or designated portion thereof is sub- stantially complete, the Architect will prepare a Certificate ARTICLE 7 of Substantial Completion which shall establish the date of Substantial Completion, shall establish the responsibilities of PAYMENTS AND COMPLETION the Owner and Contractor, and shall fix the time within which the Contractor shall finish all items on the list accompanying 7.1 CONTRACT SUM the Certificate. Warranties required by the Contract Docu- ments shall commence on the date of Substantial Completion The Contract Sum stated in the Agreement, including autho- of the Work or designated portion thereof unless otherwise rized adjustments, is the total amount payable by the Owner to provided in the Certificate of Substantial Completion. AIA DOCUMENT A20~ · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION__ SMALL PROJECTS EDITION · MA* · ©1993 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A205--1993 3 7.6 FINAL COMPLETION AND FINAL PAYMENT nances, rules, regulations or orders of public authorities hav- ing jurisdiction shall be made at an appropriate time. 7.6.1 Upon receipt of a final Application for Payment, the Architect will inspect the Work. When the Architect finds the 10.2.2 If the Architect requires additional testing, the Con- Work acceptable and the Contract fully performed, the Archi- tractor shall perform these tests. tect will promptly issue a final Certificate for Payment. 10.2.3 The Owner shall pay for tests except for testing Work 7.6.2 Final payment shall not become due until the Contrac- found to be defective for which the Contractor shall pay. tor submits to the Architect releases and waivers of liens, and data establishing payment or satisfaction of obligations, such 10.3 GOVERNING LAW as receipts, claims, security interests or encumbrances arising The Contract shall be governed by the law of the place where out of the Contract. the project is located. 7.6.3 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final ARTICLE 11 Application for Payment. TERMINATION OF THE CONTRACT 11.1 TERMINATION BY THE CONTRACTOR ARTICLE 8 If the Owner fails to make payment when due or substantially PROTECTION OF PERSONS AND PROPERTY breaches any other obligation of this Contract, following seven days' written notice to the Owner, the Contractor may termi- 8.1 SAFETY PRECAUTIONS AND PROGRAMS nate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, The Contractor shall be responsible for initiating, maintaining equipment, tools, construction equipment and machinery, and supervising all safety precautions and programs, includ* including reasonable overhead, profit and damages. lng all those required by law in connection with performance of the Contract. The Contractor shall promptly remedy dam- 11.2 TERMINATION BY THE OWNER age and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may 11.2.1 The Owner may terminate the Contract if the be liable. Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; ARTICLE 9 .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements CORRECTION OF WORK between the Contractor and the Subcontractors; 0.1 The Contractor shall promptly correct Work rejected by .3 persistently disregards laws, ordinances, or rules, the Architect as failing to conform to the requirements of the regulations or orders of a public authority having juris- Contract Documents. The Contractor shall bear the cost of diction; or correcting such rejected Work. .4 is otherwise guilty of substantial breach of a provision 0.2 In addition to the Contractor's other obligations including of the Contract Documents. warranties under the Contract, the Contractor shall, for a period 11.2.2 When any of the above reasons exist, the Owner, after of one year after Substantial Completion, correct work not con- consultation with the Architect, may without prejudice to any forming to the requirements of the Contract Documents. other rights or remedies of the Owner and after giving the 9.3 If the Contractor fails to correct nonconforming Work Contractor and the Contractor's surety, if any, seven days' writ- . within a reasonable time, the Owner may correct it and the Con- ten notice, terminate employment of the Contractor and may: tractor shall reimburse the Owner for the cost of correction. .1 take possession of the site and of all materials thereon owned by the Contractor; .2 finish the Work by whatever reasonable method the ARTICLE 10 Owner may deem expedient. MISCELLANEOUS PROVISIONS 11.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 11.2.1, the Contractor shall 10.1 ASSIGNMENT OF CONTRACT not be entitled to receive further payment until the Work is finished. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. 11.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, such excess shall be paid to the 10.2 TESTS AND INSPECTIONS Contractor. If such costs exceed the unpaid balance, the Con- 10.2.1 Tests, inspections and approvals of portions of the tractor shall pay the difference to the Owner. This obligation Work required by the Contract Documents or by laws, ordi- for payment shall survive termination of the Contract. {~ Prffnted on Recycled Paper 11/93 AIA DOCUMENT A205 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUclrlON SMALL PROJECTS EDITION · AIA' · ©1993 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW.. WASHINGTON. D.C. 200~6-5292 ° WJ~RNIN~: Unlicensed photocopying 4 A205--1993 violates U.S. copyright laws .and will subject the violator to legal prosecution.