R2024-23 Resolution Accepting the Bid and Authorizing the Execution of a Contract with E.L. Pruitt Co., for the Decatur Public Library Chiller Replacement Project

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§9.15.2 In claims against any person or entity indemnified under this Section 9.15 by an employee of the Contractor, a Subcontractor,anyone directly or indirectly employed by them,or anyone for whose acts they may be liable,the indemnification obligation under Section 9.15.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers'compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 10 ARCHITECT §10.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction,until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents,unless otherwise modified in writing in accordance with other provisions of the Contract. §10.2 Duties,responsibilities,and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted,modified,or extended without written consent of the Owner,Contractor,and Architect. Consent shall not be unreasonably withheld. §10.3 The Architect will visit the site at intervals appropriate to the stage of the construction to become generally familiar with the progress and quality of the portion of the Work completed,and to determine in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect will not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences,or procedures,or for safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents. §10.4 On the basis of the site visits,the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Contractor, and(3)defects and deficiencies observed in the Work.The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor,Subcontractors,or their agents or employees,or any other persons or entities performing portions of the Work. §10.5 Based on the Architect's evaluations of the Work and of the Contractor's Applications for Payment,the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. §10.6 The Architect has authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work. §10.7 The Architect will review and approve or take other appropriate action upon,the Contractor's submittals such as Shop Drawings,Product Data,and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. §10.8 The Architect will interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect will make initial decisions on all claims,disputes,and other matters in question between the Owner and Contractor but will not be liable for results of any interpretations or decisions rendered in good faith. §10.9 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. ARTICLE 11 SUBCONTRACTORS §11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. Init. AIA Document A104—2017(formerly A107-—2007).Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of 13 The American Institute of Architects.This document was produced at 14:33:21 CT on 01/31/2024 under Order No.3104238599 which expires on 05/21/2024,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 docinfo@aiacontracts.com. User Notes: (3139ADA31))