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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§ 12,6.3 Acceptance of final payment by the Contractor,a subcontractor or 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 Application for Payment. ARTICLE 13 PROTECTION OF PERSONS AND PROPERTY The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Contract.The Contractor shall take reasonable precautions to prevent damage,injury,or loss to employees on the Work and other persons who may be affected thereby,the Work and materials and equipment to be incorporated therein,and other property at the site or adjacent thereto.The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor,or by anyone for whose acts the Contractor may be liable. ARTICLE 14 CORRECTION OF WORK § 14.1 The Contractor shall promptly correct Work rejected by the Architect as failing to conform to the requirements of the Contract Documents.The Contractor shall bear the cost of correcting such rejected Work,including the costs of uncovering,replacement,and additional testing. § 14.2 In addition to the Contractor's other obligations including warranties under the Contract,the Contractor shall, for a period of one year after Substantial Completion,correct work not conforming to the requirements of the Contract Documents. § 14.3 If the Contractor fails to correct nonconforming Work within a reasonable time,the Owner may correct it in accordance with Section 7.3. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 Assignment of Contract Neither party to the Contract shall assign the Contract as a whole without written consent of the other. § 15.2 Tests and Inspections § 15.2.1 At the appropriate times,the Contractor shall arrange and bear cost of tests, inspections,and approvals of portions of the Work required by the Contract Documents or by laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities. § 15.2.2 If the Architect requires additional testing,the Contractor shall perform those tests. § 15.2.3 The Owner shall bear cost of tests, inspections,or approvals that do not become requirements until after the Contract is executed.The Owner shall directly arrange and pay for tests,inspections,or approvals where building codes or applicable laws or regulations so require. § 15.3 Governing Law The Contract shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules. ARTICLE 16 TERMINATION OF THE CONTRACT § 16.1 Termination by the Contractor If the Work is stopped under Section 12.3 for a period of 14 days through no fault of the Contractor,the Contractor may,upon seven additional days' written notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed including reasonable overhead and profit,and costs incurred by reason of such termination. § 16.2 Termination by the Owner for Cause § 16.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the subcontractors; .3 repeatedly disregards applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of a public authority;or AIA Document A105®—2017.Copyright®1993 2007 and 2017The American Institute of Architects All rights reserved. enc vtih i was uced Init. 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-timet use onnly,dand mby 10 ay 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)