Common use of Contractor Maintenance of Records Clause in Contracts

Contractor Maintenance of Records. In the event that CONTRACTOR shall be directed to perform any changes to the Work pursuant to this Section, or should the CONTRACTOR encounter conditions which the CONTRACTOR, pursuant to this Section, believes would obligate the DISTRICT to adjust the Contract Price and/or the Contract Time, CONTRACTOR shall maintain detailed records on a daily basis. Such records shall include without limitation hourly records for labor and construction equipment and itemized records of materials and equipment used that day in connection with the performance of any change to the Work. In the event that more than one change to the Work is performed by the CONTRACTOR in a calendar day, CONTRACTOR shall maintain separate records of labor, construction equipment, materials and equipment for each such change. In the event that any Subcontractor, of any tier, shall provide or perform any portion of any change to the Work, CONTRACTOR shall require that each such Subcontractor maintain records in accordance with this Section. Each daily record maintained hereunder shall be signed by CONTRACTOR's Superintendent or CONTRACTOR's authorized representative; such signature shall be deemed CONTRACTOR's representation and warranty that all information contained therein is true, accurate, complete, and relate only to the change referenced therein. All records maintained by a Subcontractor, of any tier, relating to the costs of a change to the Work shall be signed by such Subcontractor's authorized representative or Superintendent. All records maintained hereunder shall be subject to inspection, review and/or reproduction by the DISTRICT, the ARCHITECT, or the DISTRICT's Inspector of Record upon request. In the event that CONTRACTOR shall fail or refuse, for any reason, to maintain or make available for inspection, review and/or reproduction such records and the adjustment to the Contract Price on account of any change to the Work is determined pursuant to this Section, the DISTRICT's reasonable good faith determination of the extent of adjustment to the Contract Price on account of such change shall be final, conclusive, dispositive and binding upon CONTRACTOR. CONTRACTOR's obligation to maintain records hereunder is in addition to, and not in lieu of, any other CONTRACTOR obligation under the Contract Documents with respect to changes to the Work.

Appears in 4 contracts

Samples: purchasing.fresnounified.org, purchasing.fresnounified.org, purchasing.fresnounified.org

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Contractor Maintenance of Records. In the event that CONTRACTOR Contractor shall be directed to perform any changes Changes to the Work pursuant to this SectionArticle 9.1 or 9.2, or should the CONTRACTOR Contractor encounter conditions which the CONTRACTORContractor, pursuant to this SectionArticle 9.6, believes would obligate the DISTRICT District to adjust the Contract Price and/or the Contract Time, CONTRACTOR Contractor shall maintain detailed records on a daily basis. Such records shall include without limitation hourly records for labor and construction equipment Construction Equipment and itemized records of materials and equipment used that day in connection with the performance of any change Change to the Work. In the event that more than one change Change to the Work is performed by the CONTRACTOR Contractor in a calendar day, CONTRACTOR Contractor shall maintain separate records of labor, construction equipmentConstruction Equipment, materials and equipment for each such changeChange. In the event that any Subcontractor, of any tier, shall provide or perform any portion of any change Change to the Work, CONTRACTOR Contractor shall require that each such Subcontractor maintain records in accordance with this SectionArticle. Each daily record maintained hereunder shall be signed by CONTRACTORContractor's Superintendent or CONTRACTORContractor's authorized representative; such signature shall be deemed CONTRACTORContractor's representation and warranty that all information contained therein is true, accurate, complete, complete and relate only to the change Change referenced therein. All records maintained by a Subcontractor, of any tier, relating to the costs of a change Change to the Work shall be signed by such Subcontractor's authorized representative or Superintendent. All records maintained hereunder shall be subject to inspection, review and/or reproduction by the DISTRICTDistrict, the ARCHITECT, District’s Consultant or the DISTRICTDistrict's Inspector of Record upon request. In the event that CONTRACTOR Contractor shall fail or refuse, for any reason, to maintain or make available for inspection, review and/or reproduction such records and the adjustment to the Contract Price on account of any change Change to the Work is determined pursuant to this SectionArticle, the DISTRICTDistrict's reasonable good faith determination of the extent of adjustment to the Contract Price on account of such change Change shall be final, conclusive, dispositive and binding upon CONTRACTORContractor. CONTRACTORContractor's obligation to maintain records hereunder is in addition to, and not in lieu of, any other CONTRACTOR Contractor obligation under the Contract Documents with respect to changes Changes to the Work.

Appears in 1 contract

Samples: Energy Services Contracting Agreement

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Contractor Maintenance of Records. In the event that CONTRACTOR Contractor shall be directed to perform any changes Changes to the Work pursuant to this SectionArticle 9.1 or 9.2, or should the CONTRACTOR Contractor encounter conditions which the CONTRACTORContractor, pursuant to this SectionArticle 9.6, believes would obligate the DISTRICT District to adjust the Contract Price Sum and/or the Contract Time, CONTRACTOR Contractor shall maintain detailed DRAFT records on a daily basis. Such records shall include without limitation hourly records for labor and construction equipment Construction Equipment and itemized records of materials and equipment used that day in connection with the performance of any change Change to the Work. In the event that more than one change Change to the Work is performed by the CONTRACTOR Contractor in a calendar day, CONTRACTOR Contractor shall maintain separate records of labor, construction equipmentConstruction Equipment, materials and equipment for each such changeChange. In the event that any Subcontractor, of any tier, shall provide or perform any portion of any change Change to the Work, CONTRACTOR Contractor shall require that each such Subcontractor maintain records in accordance with this SectionArticle. Each daily record maintained hereunder shall be signed by CONTRACTORContractor's Superintendent or CONTRACTORContractor's authorized representative and District’s authorized representative; such signature shall be deemed CONTRACTORContractor's representation and warranty that all information contained therein is true, accurate, complete, complete and relate only to the change Change referenced therein. All records maintained by a Subcontractor, of any tier, relating to the costs of a change Change to the Work shall be signed by such Subcontractor's authorized representative or Superintendent. All records maintained hereunder shall be subject to inspection, review and/or reproduction by the DISTRICTDistrict, the ARCHITECTOwner’s Project Manager, or and the DISTRICT's Inspector of Record Architect upon request. In the event that CONTRACTOR Contractor shall fail or refuse, for any reason, to maintain or make available for inspection, review and/or reproduction such records and the adjustment to the Contract Price Sum on account of any change Change to the Work is determined pursuant to this SectionArticle, the DISTRICTDistrict's reasonable good faith determination of the extent of adjustment to the Contract Price Sum on account of such change Change shall be final, conclusive, dispositive and binding upon CONTRACTORContractor. CONTRACTORContractor's obligation to maintain records hereunder is in addition to, and not in lieu of, any other CONTRACTOR Contractor obligation under the Contract Documents with respect to changes Changes to the Work.

Appears in 1 contract

Samples: Agreement

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