R2023-16 Resolution Accepting Bid from Flooring Oasis Incorporated for Providing and Installing New Carpet on the First Floor of the Decatur Public Library

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suppliers.Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance by the Owner,payment may similarly be made for materials and equipment stored,and protected from damage,off the site at a location agreed upon in writing.The City of Decatur issues payments on the first of the month for invoices received and approved the previous month. § 12.2.2 The Contractor warrants that title to all Work covered 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 which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge,information,and belief,be free and clear of liens,claims,security interests, or other encumbrances adverse to the Owner's interests. § 12.3 Certificates for Payment The Architect will,within seven days after receipt of the Contractor's Application for Payment,either(1)issue to the Owner a Certificate for Payment in the full amount of the Application for Payment,with a copy to the Contractor;(2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due,and notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in part;or(3)withhold certification of the entire Application for Payment,and notify the Contractor and Owner of the Architect's reason for withholding certification in whole.If certification or notification is not made within such seven day period,the Contractor may,upon seven additional days'written notice to the Owner and Architect,stop the Work until payment of the amount owing has been received.The Contract Time and the Contract Sum shall be equitably adjusted due to the delay. § 12.4 Progress Payments § 12.4.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner provided in the Contract Documents. § 12.4.2 The Contractor shall promptly pay each subcontractor and supplier,upon receipt of payment from the Owner, an amount determined in accordance with the terms of the applicable subcontracts and purchase orders. § 12.4.3 Neither the Owner nor the Architect shall have responsibility for payments to a subcontractor or supplier. § 12.4.4 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. § 12.5 Substantial Completion § 12.5.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. § 12.5.2 When the Contractor believes that the Work or designated portion thereof is substantially complete,it will notify the Architect and the Architect will make an inspection to determine whether the Work is substantially complete.When the Architect determines that the Work is substantially complete,the Architect shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion,establish the responsibilities of the Owner and Contractor,and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 12.6 Final Completion and Final Payment § 12.6.1 Upon receipt of a final Application for Payment,the Architect will inspect the Work.When the Architect finds the Work acceptable and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment. § 12.6.2 Final payment shall not become due until the Contractor submits to the Architect releases and waivers of liens,and data establishing payment or satisfaction of obligations,such as receipts,claims,security interests,or encumbrances arising out of the Contract. AIA Document A105®—2017.Copyright O 1993,2007 and 2017The American Institute of Architects.All rights reserved.The'Ar•e institu•,e of Architects," Init. {P.. ti,*AIA Lcgc,"A105,"and"Alk Cortrac:Dcr_uriants :re re0ist�.c tr2demarks and may not na used wit^out permission.This document was produced by 9 AIA software at 14:12:48 ET on 02/01/2023 under Order No.2114398311 which expires on 01/10/2024,is not for resale,is licensed for one-time use only,and may / only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1851015736)