Authority of Project Inspector; Stop Work Notices. One or more Project Inspector (s), including special inspectors, as required, will be employed by District in accordance with requirements of Title 24 of the California Code of Regulations and will be assigned to the Project. Duties of an Inspector are specifically defined in Section 4-342 of Title 24. The Project Inspector shall have all rights and duties prescribed by law. No Work shall be performed by Contractor solely upon the instructions or comments by the Project Inspector. The Project Inspector has no authority to interpret the Contract Documents or order extra work and any extra work performed without the written instruction of District shall be at Contractor's sole cost and expense and there will be no delay damages incurred by District for such work. The Project Inspector is not authorized to make changes in the Contract Drawings or Specifications nor shall the Project Inspector's approval of the Work and the methods relieve Contractor of responsibility for the correction of subsequently discovered defects, or from its obligation to comply with the Contract Documents. No Work shall be carried on except with the knowledge and under the inspection of said Project Inspector(s). He/she shall have free access to any or all parts of work at any time. Contractor shall furnish Project Inspector reasonable opportunities for obtaining such information as may be necessary to keep Project Inspector fully informed respecting progress and manner of Work and character of materials. Inspection of the Work shall not relieve Contractor from any obligation to fulfill the Contract Documents. District and District's Representative shall have authority to stop Work whenever provisions of Contract Documents are not being complied with and such noncompliance is discovered. In addition, District and District Representative may stop any Work which poses a probable risk of harm to persons or property. Additionally, the Division of the State Architect may stop Work at its discretion. Contractor shall instruct its employees, Subcontractors, material and equipment suppliers, etc., accordingly. The absence of any Stop Work order or rejection of any portion of the work shall not relieve Contractor from any of its obligations pursuant to the Contract Documents. Upon issuance of a stop work notice, Architect shall review the Work in question and determine whether it does or does not comply with the Contract Documents. The decision of District shall be final. Contractor shall thereafter comply with the instructions of the Architect regarding corrections needed to cure the defect, subject to the dispute resolution process below. The suspended Work shall be resumed only when the instructions are fulfilled. Contractor shall not be entitled to an extension of time in the event of such suspension of Work. Prior to issuing a Stop Work Notice whenever provisions of Contract Documents are not being complied with, the Project Inspector or Architect may elect to notify Contractor with a "Notice of Non-Compliance" whenever provisions of Contract Documents are not being complied with. Contractor shall thereafter comply with the instructions of the District Representative regarding corrections needed to cure the defect. Should Contractor comply with the Notice of Non-Compliance, Work will not be suspended and a Stop Work Notice will not be issued. Should Contractor not comply with the Notice of Non-Compliance, District may correct the same and charge the expense to the GMP, per Section 17 of these General Conditions. District and District's Representative have the option of not issuing a Notice of Non-Compliance and may issue a Stop Work Notice immediately.
Appears in 4 contracts
Samples: Facilities Lease, Facilities Lease, Facilities Lease
Authority of Project Inspector; Stop Work Notices. One or more Project Inspector (s), including special inspectors, as required, will be employed by District in accordance with requirements of Title 24 of the California Code of Regulations and will be assigned to the Project. Duties of an Inspector are specifically defined in Section 4-342 of Title 24. The Project Inspector shall have all rights and duties prescribed by law. No Work shall be performed by Contractor solely upon the instructions or comments by the Project Inspector. The Project Inspector has no authority to interpret the Contract Documents or order extra work and any extra work performed without the written instruction of District shall be at Contractor's sole cost and expense and there will be no delay damages incurred by District for such work. The Project Inspector is not authorized to make changes in the Contract Drawings or Specifications nor shall the Project Inspector's approval of the Work and the methods relieve Contractor of responsibility for the correction of subsequently discovered defects, or from its obligation to comply with the Contract Documents. No Work shall be carried on except with the knowledge and under the inspection of said Project Inspector(s). He/she shall have free access to any or all parts of work at any time. Contractor shall furnish Project Inspector reasonable opportunities for obtaining such information as may be necessary to keep Project Inspector fully informed respecting progress and manner of Work and character of materials. Inspection of the Work shall not relieve Contractor from any obligation to fulfill the Contract Documents. District and District's Representative shall have authority to stop Work whenever provisions of Contract Documents are not being complied with and such noncompliance is discovered. In addition, District and District Representative may stop any Work which poses a probable risk of harm to persons or property. Additionally, the Division of the State Architect may stop Work at its discretion. Contractor shall instruct its employees, Subcontractors, material and equipment suppliers, etc., accordingly. The absence of any Stop Work order or rejection of any portion of the work shall not relieve Contractor from any of its obligations pursuant to the Contract Documents. Upon issuance of a stop work notice, Architect shall review the Work in question and determine whether it does or does not comply with the Contract Documents. The decision of District shall be final. Contractor shall thereafter comply with the instructions of the Architect regarding corrections needed to cure the defect, subject to the dispute resolution process below. The suspended Work shall be resumed only when the instructions are fulfilled. Contractor shall not be entitled to an extension of time in the event of such suspension of Work. Prior to issuing a Stop Work Notice whenever provisions of Contract Documents are not being complied with, the Project Inspector or Architect may elect to notify Contractor with a "Notice of Non-Compliance." whenever provisions of Contract Documents are not being complied withForm K (see Procedures Manual, Attachment 2 to the Project Manual, Exhibit B to the Facilities Lease). Contractor shall thereafter comply with the instructions of the District Representative regarding corrections needed to cure the defect. Should Contractor comply with the Notice of Non-Compliance, Work will not be suspended and a Stop Work Notice will not be issued. Should Contractor not comply with the Notice of Non-Compliance, District may correct the same and charge the expense to the GMP, per Section 17 Section17 of these General Conditions. District and District's Representative have the option of not issuing a Notice of Non-Compliance and may issue a Stop Work Notice immediately.
Appears in 2 contracts
Samples: Facilities Lease, Facilities Lease
Authority of Project Inspector; Stop Work Notices. One or more Project Inspector (s), including special inspectors, as required, will be employed by District in accordance with requirements of Title 24 of the California Code of Regulations and will be assigned to the Project. Duties of an Inspector are specifically defined in Section 4-342 of Title 24. The Project Inspector shall have all rights and duties prescribed by law. No Work work shall be performed by Contractor solely upon the instructions or comments by the Project Inspector. The Project Inspector has no authority to interpret the Contract Documents or order extra work and any extra work performed without the written instruction of District shall be at Contractor's ’s sole cost and expense and there will be no delay damages incurred by District for such work. The Project Inspector is not authorized to make changes in the Contract Drawings drawings or Specifications specifications nor shall the Project Inspector's ’s approval of the Work work and the methods relieve Contractor of responsibility for the correction of subsequently discovered defects, or from its obligation to comply with the Contract Documents. No Work work shall be carried on except with the knowledge and under the inspection of said Project Inspector(s). He/she shall have free access to any or all parts of work at any time. Contractor shall furnish Project Inspector reasonable opportunities for obtaining such information as may be necessary to keep Project Inspector fully informed respecting progress and manner of Work work and character of materials. Inspection of the Work work shall not relieve Contractor from any obligation to fulfill the Contract Documents. District and District's Representative shall have authority to stop Work work whenever provisions of Contract Documents are not being complied with and such noncompliance is discovered. In addition, District and District Representative may stop any Work work which poses a probable risk of harm to persons or property. Additionally, the Division of the State Architect may stop Work at its discretion. Contractor shall instruct its employees, Subcontractorssubcontractors, material and equipment suppliers, etc., accordingly. The absence of any Stop Work order or rejection of any portion of the work shall not relieve Contractor from any of its obligations pursuant to the Contract Documents. Upon issuance of a stop work notice, Architect shall review the Work work in question and determine whether it does or does not comply with the Contract Documents. The decision of District shall be final. Contractor shall thereafter comply with the instructions of the Architect regarding corrections needed to cure the defect, subject to the dispute resolution process below. The suspended Work work shall be resumed only when the instructions are fulfilled. Contractor shall not be entitled to an extension of time in the event of such suspension of Workwork. Prior to issuing a Stop Work Notice whenever Whenever provisions of Contract Documents are not being complied with, the Project Inspector or Architect may elect to notify Contractor with a "“Notice of Non-Compliance" whenever provisions of Contract Documents are not being complied with.” Form K (see Procedures Manual, Attachment 5 to the Project Manual, Exhibit Bto the Facilities Lease). Contractor shall thereafter comply with the instructions of the District Representative regarding corrections needed to cure the defect. Should Contractor comply with the Notice of Non-Compliance, Work will not be suspended and a Stop Work Notice will not be issued. Should Contractor not comply with the Notice of Non-Compliance, District may correct the same and charge the expense to the GMPGuaranteed Maximum Price, per Section Article 17 of these General Conditions. District and District's Representative have the option of not issuing a Notice of Non-Compliance and may issue a Stop Work Notice immediately.
Appears in 1 contract
Samples: Facilities Lease