R2022-88 Resolution Accepting the Bid from Interior Construction Specialty, Inc. for Interior Modifications on the Second Floor of the Decatur Public Library

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f or neglect with diligence and promptness,the Owner may,without prejudice to any other remedies the Owner may have,correct such default or neglect.Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may,pursuant to Section 15.4.3,withhold or nullify a Certificate for Payment in whole or in part,to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies,including the Owner's expenses and compensation for the Architect's additional services made necessary by such default,neglect,or failure.If the Contractor disagrees with the actions of the Owner or the Architect,or the amounts claimed as costs to the Owner,the Contractor may file a Claim pursuant to Article 21. ARTICLE 9 CONTRACTOR §9.1 Review of Contract Documents and Field Conditions by Contractor §9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. §9.1.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion of the Work,carefully study and compare the various Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Section 8.1.2,shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it.These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor shall promptly report to the Architect any errors,inconsistencies,or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require.It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. §9.1.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. §9.2 Supervision and Construction Procedures §9.2.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor shall be solely responsible for and have control over construction means,methods,techniques, sequences,and procedures,and for coordinating all portions of the Work under the Contract,unless the Contract Documents give other specific instructions concerning these matters. §9.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees,and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. §9.3 Labor and Materials §9.3A unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. §9.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work.The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. §9.3.3 The Contractor may make a substitution only with the consent of the Owner,after evaluation by the Architect and in accordance with a Modification. §9.4 Warranty The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise.The Contractor further Init. AIA Document A104'-2017(formerly A107- -2007).Copyright C 1936,1951,1958 1961,1963 1966,1970,1974 1978,1987,+1997,2007 and 2017 by The American Institute of Architects All rights reserved. Q This document was produced by AIA software at 17:15:49 CT on 06/28/2022 under Order No.2114240266 which expires on 09130!2022,is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentsm Terms of Service.To report copyright violations,e-mail copyright®aia.org. User Notes; (389ADA43)