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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§15.2.3 When the Centr-el Estimate is aeeeptable to the Ownef and Afehiteet,the Owner-shall aeknowledge it iii wr-itiag.The Ownef's aeeeptanee of the Contfol Estim--ate does not imply that the, I Estimate eeastitates-a r_,,...an4eoa M...,:.,.um n 15.2.4 The Gon4faeter-shall develop and implement a detailed system of eost eofaf el that wiR pr-ovide the Owne with tifnely ififefffl4iea as to the antieipated total Cost of the War-k.The eost eoa4f a!system id estimates for-Haeompleted tasks an pr-opesed ehanges.This ififoFmatioa shall be fepot4ed to the Owner-,in writing,no latef thafi 04e Goatmetor-'s fifst Appliemion fef Payment and shall be revised and s4mit4ed with eaeh Appheation for-Payfn upon assumptiens eontained in the Gofitr-ol Estimate.The Owner-shall pfomptly fth-ai-sh sueh r-evistad contr-aet §15.3 Applications for Payment §15.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values,if required under Section 15.1,for completed portions of the Work.The application shall be notarized,if required;be supported by all data substantiating the Contractor's right to payment that the Owner or Architect require;shall reflect retainage if provided for in the Contract Documents;and include any revised cost control information required by Section 15.2.4.Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier,unless such Work has been performed by others whom the Contractor intends to pay. §15.3.2 With each Application for Payment where the Contract Sum is based upon the Cost of the Work,or the Cost of the Work with a Guaranteed Maximum Price,the Contractor shall submit payrolls,petty cash accounts,receipted invoices or invoices with check vouchers attached,and any other evidence required by the Owner to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor plus payrolls for the period covered by the present Application for Payment,less that portion of the progress payments attributable to the Contractor's Fee. §15.3.3 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. §15.3.4 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. §15.4 Certificates for Payment §15.4.1 The Architect will,within seven days after receipt of the Contractor's Application for Payment,either issue to the Owner a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect determines is properly due,or notify the Contractor and Owner of the Architect's reasons for withholding certification in whole or in part as provided in Section 15.4.3. §15.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations of the Work and the data in the Application for Payment,that,to the best of the Architect's knowledge,information,and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and the Contractor is entitled to payment in the amount certified.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect.However,the issuance of a Certificate for Payment will not be a representation that the Architect has(1) Init. AIA Document A104—2017(formerly A107T —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 s 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: (3B9ADA3D)