General Inspection Requirements. A. CONTRACTOR shall furnish the COUNTY with every reasonable accommodation for ascertaining whether the work performed and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shall, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, CONTRACTOR shall restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall be at CONTRACTOR’s expense. However, should the work exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall be paid for as unforeseen work. B. If the COUNTY fails to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall in no way prevent the COUNTY’s later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and CONTRACTOR shall make no claim for losses suffered due to any necessary removals or repairs of such defects. C. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will give CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will then have seven (7) calendar days from the date the notice is given to correct the defective condition. If CONTRACTOR fails to correct the deficiency within the seven (7) calendar days, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to CONTRACTOR at CONTRACTOR’s expense or terminating this Agreement. CONTRACTOR shall not assess any additional charges for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract documents. Should CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract documents, within the time indicated in writing, the COUNTY may direct CONTRACTOR to correct the unacceptable or defective materials or work at CONTRACTOR’s expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said repairs, removals, or renewals shall be paid for out of any monies due or which may become due to CONTRACTOR. A change order shall be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of CONTRACTOR’s defective work and additional compensation due the COUNTY. CONTRACTOR shall not be allowed an extension of the term of this Agreement because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY’s rights and remedies hereunder. If CONTRACTOR fails to honor the change order, the COUNTY may terminate this Agreement. D. In the event the COUNTY’s Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s Project Manager will then make a determination if the work shall be accepted and remain in place. In this event, the COUNTY’s Project Manager will document the basis of acceptance by a change order that will provide for an appropriate deduction as needed in the contract price for such work or materials necessary to conform to the determination based on the COUNTY’s Project Manager’s professional judgment. E. When all or a portion of the cost of Project/Services is to be paid by federal, state or another governmental agency, the work will be subject to such inspection by federal, state, or other governmental agency representative, but such inspections will not make the government or agency a party to this Agreement.
Appears in 21 contracts
Samples: Service Agreement, Contract Agreement, Service Agreement
General Inspection Requirements. A. Due to the nature of this Agreement, the COUNTY will, at the time of establishment of need, require the CONTRACTOR to become fully informed as to the nature and extent of the work required and its relation to any other work in the area, including possible interference from other site activities. Arrangement for the CONTRACTOR’s inspection of facilities or sites and activity schedules may be secured from the user COUNTY department. Failure to visually inspect the facilities or sites may be cause for disqualification of the CONTRACTOR on that individual Service.
B. The CONTRACTOR shall furnish the COUNTY with every reasonable accommodation for ascertaining whether the work performed and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shall, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, the CONTRACTOR shall restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to in the opinion of the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall will be at the CONTRACTOR’s expense. However, should the work thus exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall will be paid for as unforeseen work.
B. If C. If, during or prior to construction operations, the COUNTY fails should fail to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall will in no way prevent the COUNTY’s later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and the CONTRACTOR shall will make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. D. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will shall give the CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will then have seven (7) calendar days from the date the notice is given to correct the defective condition. If the CONTRACTOR fails to correct the deficiency within the seven (7) calendar daysdays after receipt of the notice, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to the CONTRACTOR at the CONTRACTOR’s expense or terminating this Agreementthe contract. The CONTRACTOR shall may not assess any additional charges for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract documents. specifications.
E. Should the CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract documentsrequirements, within the time indicated in writing, the COUNTY may direct CONTRACTOR will have the authority to correct cause the unacceptable or defective materials or work to be corrected as necessary at the CONTRACTOR’s expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said these repairs, removals, or renewals shall will be paid for out of any monies due or which may become due to the CONTRACTOR. A change order shall will be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall will include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of the CONTRACTOR’s defective work and additional compensation due the COUNTY. The CONTRACTOR shall will not be allowed an extension of the term of this Agreement contract time because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY’s rights and remedies hereunderunder this Agreement. If the CONTRACTOR fails to honor the change order, the COUNTY may terminate this AgreementAgreement for default.
D. F. All work performed and all materials furnished must be in reasonably close conformity with the tolerances indicated in the specifications. In the event the COUNTY’s Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s Project Manager will then make a determination if the work shall will be accepted and remain in place. In this event, the COUNTY’s Project Manager will document the basis of acceptance by a change order Change Order that will provide for an appropriate deduction as needed in the contract price for such work or materials as the COUNTY’s Project Manager deems necessary to conform to the determination based on the COUNTY’s Project Manager’s professional judgment.
E. G. When all the United States Government or the State of Florida is to pay a portion of the cost of Project/Services is to be paid by federal, state or another governmental agencyconstruction, the work will be subject to such inspection by federal, state, Federal or other governmental agency representativeState representatives as deemed necessary, but such inspections will not in no case make the government United States Government or agency the State of Florida a party to this Agreementcontract.
Appears in 19 contracts
Samples: Overhead Doors and Gates Preventative Maintenance, Repair, and Replacement Services Agreement, Fire Alarm System Services Agreement, Renovation Agreement
General Inspection Requirements. A. Due to the nature of this Agreement, the COUNTY shall at the time of establishment of need, require the CONTRACTOR to become fully informed as to the nature and extent of the work required and its relation to any other work in the area, including possible interference from other site activities. Arrangement for the CONTRACTOR’s inspection of facilities or sites and/or activity schedules may be secured from the user COUNTY department. Failure to visually inspect the facilities or sites may be cause for disqualification of the CONTRACTOR on that individual Project/Service.
B. The CONTRACTOR shall furnish the COUNTY with every reasonable accommodation for ascertaining whether the work performed and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shall, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, the CONTRACTOR shall restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to in the opinion of the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall be at the CONTRACTOR’s expense. However, should the work thus exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall be paid for as unforeseen work.
B. If C. If, during or prior to construction operations, the COUNTY fails should fail to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall in no way prevent the COUNTY’s later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and the CONTRACTOR shall make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. D. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will shall give the CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will shall then have seven (7) calendar days from the date the notice is given to correct the defective condition. If the CONTRACTOR fails to correct the deficiency within the seven (7) calendar daysdays after receipt of the notice, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to the CONTRACTOR at the CONTRACTOR’s expense or terminating this Agreementthe contract. The CONTRACTOR shall not assess any additional charges charge(s) for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract documents. specifications.
E. Should the CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract documentsrequirements, within the time indicated in writing, the COUNTY may direct CONTRACTOR shall have the authority to correct cause the unacceptable or defective materials or work to be corrected as necessary at the CONTRACTOR’s expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said repairs, removals, or renewals shall be paid for out of any monies due or which may become due to the CONTRACTOR. A change order shall be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of the CONTRACTOR’s defective work and additional compensation due the COUNTY. The CONTRACTOR shall not be allowed an extension of the term of this Agreement contract time because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY’s rights and remedies hereunder. If the CONTRACTOR fails to honor the change order, the COUNTY may terminate this AgreementAgreement for default.
D. F. All work performed and all materials furnished shall be in reasonably close conformity with the tolerances indicated in the specifications. In the event the COUNTY’s Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s Project Manager will then make a determination if the work shall be accepted and remain in place. In this event, the COUNTY’s Project Manager will document the basis of acceptance by a change order Change Order that will provide for an appropriate deduction as needed in the contract price for such work or materials as the COUNTY’s Project Manager deems necessary to conform to the determination based on the COUNTY’s Project Manager’s professional judgment.
E. G. When all the United States Government or the State of Florida is to pay a portion of the cost of Project/Services is to be paid by federal, state or another governmental agencyconstruction, the work will be subject to such inspection by federal, state, federal or other governmental agency representativestate representatives as deemed necessary, but such inspections will not in no case make the government United States Government or agency the State of Florida a party to this Agreementcontract.
Appears in 8 contracts
Samples: Engineering and Design Agreement, Contract Agreement, Contract Agreement
General Inspection Requirements. A. Due to the nature of this Agreement, the COUNTY shall at the time of establishment of need, require the CONTRACTOR to become fully informed as to the nature and extent of the work required and its relation to any other work in the area, including possible interference from other site activities. Arrangement for CONTRACTOR’S inspection of facilities or sites and/or activity schedules may be secured from the user department. Failure to visually inspect the facilities or sites may be cause for disqualification of CONTRACTOR on that individual Project/Service.
B. The CONTRACTOR shall furnish the COUNTY with every reasonable accommodation for ascertaining whether the work performed and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shall, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, the CONTRACTOR shall restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to in the opinion of the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall be at the CONTRACTOR’s expense. However, should the work thus exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall be paid for as unforeseen work.
B. If C. If, during or prior to construction operations, the COUNTY fails should fail to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall in no way prevent the COUNTY’s later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and the CONTRACTOR shall make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. D. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will shall give the CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will shall then have seven (7) calendar days from the date the notice is given to correct the defective condition. If the CONTRACTOR fails to correct the deficiency within the seven (7) calendar daysdays after receipt of the notice, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to the CONTRACTOR at the CONTRACTOR’s expense or terminating this Agreementthe contract. The CONTRACTOR shall not assess any additional charges charge(s) for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract documents. specifications.
E. Should the CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract documentsrequirements, within the time indicated in writing, the COUNTY may direct CONTRACTOR shall have the authority to correct cause the unacceptable or defective materials or work to be corrected as necessary at the CONTRACTOR’s expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said repairs, removals, or renewals shall be paid for out of any monies due or which may become due to the CONTRACTOR. A change order shall be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of the CONTRACTOR’s defective work and additional compensation due the COUNTY. The CONTRACTOR shall not be allowed an extension of the term of this Agreement contract time because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY’s rights and remedies hereunder. If the CONTRACTOR fails to honor the change order, the COUNTY may terminate this Agreementthe contract for default.
D. F. All work performed and all materials furnished shall be in reasonably close conformity with the tolerances indicated in the specifications. In the event the COUNTY’s ’S Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s ’S Project Manager will then make a determination if the work shall be accepted and remain in place. In this event, the COUNTY’s ’S Project Manager will document the basis of acceptance by a change order Change Order that will provide for an appropriate deduction as needed in the contract price for such work or materials as the COUNTY’S Project Manager deems necessary to conform to the determination based on the COUNTY’s ’S Project Manager’s professional judgment.
E. G. When all the United States Government or the State of Florida is to pay a portion of the cost of Project/Services is to be paid by federal, state or another governmental agencyconstruction, the work will be subject to such inspection by federal, state, federal or other governmental agency representativestate representatives as deemed necessary, but such inspections will not in no case make the government United States Government or agency the State of Florida a party to this Agreementcontract.
Appears in 8 contracts
Samples: Service Agreement, Contract Agreement, Service Agreement
General Inspection Requirements. A. i. CONTRACTOR shall will furnish the COUNTY with every reasonable accommodation for ascertaining finding out whether the work performed performed, and materials used are in accordance with the requirements and intent of the contract agreement documents. If the COUNTY so requests, the CONTRACTOR shallwill, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, CONTRACTOR shall will restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall will be at CONTRACTOR’s ’S expense. However, should the work exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall will be paid for as unforeseen work.
B. ii. If the COUNTY fails to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall will in no way prevent the COUNTY’s ’S later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and CONTRACTOR shall will make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. iii. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will give CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will then have seven (7) calendar days from the date the notice is given to correct the defective condition. If CONTRACTOR fails to correct the deficiency within the seven (7) calendar days, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to CONTRACTOR at CONTRACTOR’s ’S expense or terminating this Agreement. CONTRACTOR shall will not assess any additional charges for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract agreement documents.
iv. Should CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract agreement documents, within the time indicated in writing, the COUNTY may direct CONTRACTOR to correct the unacceptable or defective materials or work at CONTRACTOR’s ’S expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said repairs, removals, or renewals shall will be paid for out of any monies due or which may become due to CONTRACTOR. A change order shall will be issued, incorporating the necessary revisions to the contract agreement documents, including an appropriate decrease to the contract agreement amount. Such costs shall will include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of CONTRACTOR’s ’S defective work and additional compensation due the COUNTY. CONTRACTOR shall will not be allowed an extension of the term of this Agreement because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY’s ’S rights and remedies hereunder. .
v. If CONTRACTOR fails to honor the change order, the COUNTY may terminate this Agreement.
D. . In the event the COUNTY’s ’S Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s ’S Project Manager will then make a determination if the work shall will be accepted and remain in place. In this event, the COUNTY’s ’S Project Manager will document the basis of acceptance by a change order that will provide for an appropriate deduction as needed in the contract agreement price for such work or materials necessary to conform to the determination based on the COUNTY’s ’S Project Manager’s professional judgment.
E. vi. When all or a portion of the cost of Project/Services is to be paid by federal, state or another governmental agency, the work will be subject to such inspection by federal, state, or other governmental agency representative, but such inspections will not make the government or agency a party to this Agreementagreement.
Appears in 6 contracts
Samples: Reroofing Services Agreement, Service Agreement, Services Agreement
General Inspection Requirements. A. i. CONTRACTOR shall will furnish the COUNTY with every reasonable accommodation for ascertaining finding out whether the work performed performed, and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shallwill, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, CONTRACTOR shall will restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall will be at CONTRACTOR’s ’S expense. However, should the work exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall will be paid for as unforeseen work.
B. ii. If the COUNTY fails to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall will in no way prevent the COUNTY’s ’S later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and CONTRACTOR shall will make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. iii. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will give CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will then have seven (7) calendar days from the date the notice is given to correct the defective condition. If CONTRACTOR fails to correct the deficiency within the seven (7) calendar days, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to CONTRACTOR at CONTRACTOR’s ’S expense or terminating this AgreementContract. CONTRACTOR shall will not assess any additional charges for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract documents.
iv. Should CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract documents, within the time indicated in writing, the COUNTY may direct CONTRACTOR to correct the unacceptable or defective materials or work at CONTRACTOR’s ’S expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said repairs, removals, or renewals shall will be paid for out of any monies due or which may become due to CONTRACTOR. A change order shall will be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall will include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of CONTRACTOR’s ’S defective work and additional compensation due the COUNTY. CONTRACTOR shall will not be allowed an extension of the term of this Agreement Contract because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY’s ’S rights and remedies hereunder. .
v. If CONTRACTOR fails to honor the change order, the COUNTY may terminate this Agreement.
D. contract. In the event the COUNTY’s ’S Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s ’S Project Manager will then make a determination if the work shall will be accepted and remain in place. In this event, the COUNTY’s ’S Project Manager will document the basis of acceptance by a change order that will provide for an appropriate deduction as needed in the contract price for such work or materials necessary to conform to the determination based on the COUNTY’s ’S Project Manager’s professional judgment.
E. vi. When all or a portion of the cost of Project/Services is to be paid by federal, state or another governmental agency, the work will be subject to such inspection by federal, state, or other governmental agency representative, but such inspections will not make the government or agency a party to this Agreementcontract.
Appears in 6 contracts
Samples: Facilities Contract, Facilities Contract, Facilities Contract
General Inspection Requirements. A. 8.2.1 CONTRACTOR shall furnish the COUNTY with every reasonable accommodation for ascertaining whether the work performed and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shall, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, CONTRACTOR shall restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall be at CONTRACTOR’s expense. However, should the work exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall be paid for as unforeseen work.work.
B. 8.2.2 If the COUNTY fails to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall in no way prevent the COUNTY’s later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and CONTRACTOR shall make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. 8.2.3 If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will give CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will then have seven (7) calendar days from the date the notice is given to correct the defective condition. If CONTRACTOR fails to correct the deficiency within the seven (7) calendar days, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to CONTRACTOR at CONTRACTOR’s expense or terminating this Agreement. CONTRACTOR shall not assess any additional charges for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract documents. Should CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract documents, within the time indicated in writing, the COUNTY may direct CONTRACTOR to correct the unacceptable or defective materials or work at CONTRACTOR’s expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said repairs, removals, or renewals shall be paid for out of any monies due or which may become due to CONTRACTOR. A change order shall be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of CONTRACTOR’s defective work and additional compensation due the COUNTY. CONTRACTOR shall not be allowed an extension of the term of this Agreement because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY’s rights and remedies hereunder. If CONTRACTOR fails to honor the change order, the COUNTY may terminate this Agreement.
D. 8.2.4 In the event the COUNTY’s Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s Project Manager will then make a determination if the work shall be accepted and remain in place. In this event, the COUNTY’s Project Manager will document the basis of acceptance by a change order that will provide for an appropriate deduction as needed in the contract price for such work or materials necessary to conform to the determination based on the COUNTY’s Project Manager’s professional judgment.
E. 8.2.5 When all or a portion of the cost of Project/Services is to be paid by federal, state or another governmental agency, the work will be subject to such inspection by federal, state, or other governmental agency representative, but such inspections will not make the government or agency a party to this Agreement.
Appears in 4 contracts
Samples: Contract Agreement, Contract Agreement, Service Agreement
General Inspection Requirements. A. The CONTRACTOR shall furnish the COUNTY with every reasonable accommodation for ascertaining whether the work performed and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shall, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, the CONTRACTOR shall restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to in the opinion of the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall be at the CONTRACTOR’s expense. However, should the work thus exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall be paid for as unforeseen work.
B. If If, during or prior to construction operations, the COUNTY fails should fail to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall in no way prevent the COUNTY’s later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and the CONTRACTOR shall make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will shall give the CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will shall then have seven five (75) calendar days from the date the notice is given to correct the defective condition. If the CONTRACTOR fails to correct the deficiency within the seven five (75) calendar daysdays after receipt of the notice, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to the CONTRACTOR at the CONTRACTOR’s ’S expense or terminating this Agreementthe contract. The CONTRACTOR shall not assess any additional charges charge(s) for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract documents. specifications.
D. Should the CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract documentsrequirements, within the time indicated in writing, the COUNTY may direct CONTRACTOR shall have the authority to correct cause the unacceptable or defective materials or work to be corrected as necessary at the CONTRACTOR’s ’S expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said repairs, removals, or renewals shall be paid for out of any monies due or which may become due to the CONTRACTOR. A change order shall be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of the CONTRACTOR’s ’S defective work and additional compensation due the COUNTY. The CONTRACTOR shall not be allowed an extension of the term of this Agreement contract time because of any delay in performance of the Project/Service Project attributable to the exercise by the COUNTY of the COUNTY’s ’S rights and remedies hereunder. If the CONTRACTOR fails to honor the change order, the COUNTY may terminate this Agreement.
D. In the event the COUNTY’s Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s Project Manager will then make a determination if the work shall be accepted and remain in place. In this event, the COUNTY’s Project Manager will document the basis of acceptance by a change order that will provide for an appropriate deduction as needed in the contract price for such work or materials necessary to conform to the determination based on the COUNTY’s Project Manager’s professional judgmentdefault.
E. When all the United States Government or the State of Florida is to pay a portion of the cost of Project/Services is to be paid by federal, state or another governmental agencyconstruction, the work will be subject to such inspection by federal, state, federal or other governmental agency representativestate representatives as deemed necessary, but such inspections will not in no case make the government United States Government or agency the State of Florida a party to this Agreementcontract.
Appears in 2 contracts
Samples: On Call Contractor Agreement, On Call Contractor Agreement
General Inspection Requirements. A. CONTRACTOR shall furnish the COUNTY with every reasonable accommodation for ascertaining whether the work performed and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shall, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, CONTRACTOR shall restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall be at CONTRACTOR’s expense. However, should the work exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall be paid for as unforeseen work.
B. If the COUNTY fails to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall in no way prevent the COUNTY’s later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and CONTRACTOR shall make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will give CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will then have seven (7) calendar days from the date the notice is given to correct the defective condition. If CONTRACTOR fails to correct the deficiency within the seven (7) calendar days, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to CONTRACTOR at CONTRACTOR’s expense or terminating this Agreement. CONTRACTOR shall not assess any additional charges for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract documents. Should CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract documents, within the time indicated in writing, the COUNTY may direct CONTRACTOR to correct the unacceptable or defective materials or work at CONTRACTOR’s expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said repairs, removals, or renewals shall be paid for out of any monies due or which may become due to CONTRACTOR. A change order shall be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of CONTRACTOR’s defective work and additional compensation due the COUNTY. CONTRACTOR shall not be allowed an extension of the term of this Agreement because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY’s rights and remedies hereunder. If CONTRACTOR fails to honor the change order, the COUNTY may terminate this Agreement.Agreement.
D. In the event the COUNTY’s Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s Project Manager will then make a determination if the work shall be accepted and remain in place. In this event, the COUNTY’s Project Manager will document the basis of acceptance by a change order that will provide for an appropriate deduction as needed in the contract price for such work or materials necessary to conform to the determination based on the COUNTY’s Project Manager’s professional judgment.
E. When all or a portion of the cost of Project/Services is to be paid by federal, state or another governmental agency, the work will be subject to such inspection by federal, state, or other governmental agency representative, but such inspections will not make the government or agency a party to this Agreement.
Appears in 2 contracts
General Inspection Requirements. A. CONTRACTOR shall furnish the COUNTY with every reasonable accommodation for ascertaining whether the work performed and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shall, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, CONTRACTOR shall restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall be at CONTRACTOR’s expense. However, should the work exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall be paid for as unforeseen work.
B. . If the COUNTY fails to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall in no way prevent the COUNTY’s later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and CONTRACTOR shall make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. . If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will give CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will then have seven (7) calendar days from the date the notice is given to correct the defective condition. If CONTRACTOR fails to correct the deficiency within the seven (7) calendar days, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to CONTRACTOR at CONTRACTOR’s expense or terminating this Agreement. CONTRACTOR shall not assess any additional charges for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract documents. Should CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract documents, within the time indicated in writing, the COUNTY may direct CONTRACTOR to correct the unacceptable or defective materials or work at CONTRACTOR’s expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said repairs, removals, or renewals shall be paid for out of any monies due or which may become due to CONTRACTOR. A change order shall be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of CONTRACTOR’s defective work and additional compensation due the COUNTY. CONTRACTOR shall not be allowed an extension of the term of this Agreement because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY’s rights and remedies hereunder. If CONTRACTOR fails to honor the change order, the COUNTY may terminate this Agreement.
D. . In the event the COUNTY’s Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s Project Manager will then make a determination if the work shall be accepted and remain in place. In this event, the COUNTY’s Project Manager will document the basis of acceptance by a change order that will provide for an appropriate deduction as needed in the contract price for such work or materials necessary to conform to the determination based on the COUNTY’s Project Manager’s professional judgment.
E. . When all or a portion of the cost of Project/Services is to be paid by federal, state or another governmental agency, the work will be subject to such inspection by federal, state, or other governmental agency representative, but such inspections will not make the government or agency a party to this Agreement.
Appears in 2 contracts
Samples: Renovation Agreement, Contract Agreement
General Inspection Requirements. A. The CONTRACTOR shall furnish the COUNTY with every reasonable accommodation for ascertaining whether the work performed and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shall, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, the CONTRACTOR shall restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to in the opinion of the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall be at the CONTRACTOR’s expense. However, should the work thus exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall be paid for as unforeseen work.
B. If If, during or prior to construction operations, the COUNTY fails should fail to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall in no way prevent the COUNTY’s later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and the CONTRACTOR shall make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will shall give the CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will shall then have seven five (75) calendar days from the date the notice is given to correct the defective condition. If the CONTRACTOR fails to correct the deficiency within the seven five (75) calendar daysdays after receipt of the notice, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to the CONTRACTOR at the CONTRACTOR’s expense or terminating this Agreementthe contract. The CONTRACTOR shall not assess any additional charges charge(s) for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract documents. specifications.
D. Should the CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract documentsrequirements, within the time indicated in writing, the COUNTY may direct CONTRACTOR shall have the authority to correct cause the unacceptable or defective materials or work to be corrected as necessary at the CONTRACTOR’s expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said repairs, removals, or renewals shall be paid for out of any monies due or which may become due to the CONTRACTOR. A change order shall be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of the CONTRACTOR’s defective work and additional compensation due the COUNTY. The CONTRACTOR shall not be allowed an extension of the term of this Agreement contract time because of any delay in performance of the Project/Service Project attributable to the exercise by the COUNTY of the COUNTY’s rights and remedies hereunder. If the CONTRACTOR fails to honor the change order, the COUNTY may terminate this Agreement.
D. In the event the COUNTY’s Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s Project Manager will then make a determination if the work shall be accepted and remain in place. In this event, the COUNTY’s Project Manager will document the basis of acceptance by a change order that will provide for an appropriate deduction as needed in the contract price for such work or materials necessary to conform to the determination based on the COUNTY’s Project Manager’s professional judgmentdefault.
E. When all the United States Government or the State of Florida is to pay a portion of the cost of Project/Services is to be paid by federal, state or another governmental agencyconstruction, the work will be subject to such inspection by federal, state, federal or other governmental agency representativestate representatives as deemed necessary, but such inspections will not in no case make the government United States Government or agency the State of Florida a party to this Agreementcontract.
Appears in 2 contracts
Samples: Construction Contract, Construction Contract
General Inspection Requirements. A. i. CONTRACTOR shall will furnish the COUNTY with every reasonable accommodation for ascertaining finding out whether the work performed performed, and materials used are in accordance with the requirements and intent of the contract agreement documents. If the COUNTY so requests, the CONTRACTOR shallwill, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, CONTRACTOR shall will restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall will be at CONTRACTOR’s ’S expense. However, should the work exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall will be paid for as unforeseen work.
B. ii. If the COUNTY fails to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall will in no way prevent the COUNTY’s ’S later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and CONTRACTOR shall will make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. iii. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will give CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will then have seven (7) calendar days from the date the notice is given to correct the defective condition. If CONTRACTOR fails to correct the deficiency within the seven (7) calendar days, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to CONTRACTOR at CONTRACTOR’s CONTRACTOR expense or terminating this Agreement. CONTRACTOR shall will not assess any additional charges for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract agreement documents.
iv. Should CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract agreement documents, within the time indicated in writing, the COUNTY may direct CONTRACTOR to correct the unacceptable or defective materials or work at CONTRACTOR’s ’S expense. Any expense incurred by the COUNTY, whether direct, indirect indirect, or consequential, in making said repairs, removals, or renewals shall will be paid for out of any monies due or which may become due to CONTRACTOR. A change order shall will be issued, incorporating the necessary revisions to the contract agreement documents, including an appropriate decrease to the contract agreement amount. Such costs shall will include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of CONTRACTOR’s ’S defective work and additional compensation due the COUNTY. CONTRACTOR shall will not be allowed an extension of the term of this Agreement because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY’s ’S rights and remedies hereunder. .
v. If CONTRACTOR fails to honor the change order, the COUNTY may terminate this Agreement.
D. . In the event the COUNTY’s COUNTY Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s COUNTY Project Manager will then make a determination if the work shall will be accepted and remain in place. In this event, the COUNTY’s COUNTY Project Manager will document the basis of acceptance by a change order that will provide for an appropriate deduction as needed in the contract agreement price for such work or materials necessary to conform to the determination based on the COUNTY’s COUNTY Project Manager’s professional judgment.
E. vi. When all or a portion of the cost of Project/Services is to be paid by federal, state or another governmental agency, the work will be subject to such inspection by federal, state, or other governmental agency representative, but such inspections will not make the government or agency a party to this Agreementagreement.
Appears in 2 contracts
Samples: Contract Agreement, Service Agreement
General Inspection Requirements. A. i. CONTRACTOR shall will furnish the COUNTY with every reasonable accommodation for ascertaining finding out whether the work performed performed, and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shallwill, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, CONTRACTOR shall will restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall will be at CONTRACTOR’s ’S expense. However, should the work exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall will be paid for as unforeseen work.
B. ii. If the COUNTY fails to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall will in no way prevent the COUNTY’s ’S later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and CONTRACTOR shall will make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. iii. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will give CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will then have seven (7) calendar days from the date the notice is given received to correct the defective condition. If CONTRACTOR fails to correct the deficiency within the seven (7) calendar days, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to CONTRACTOR at CONTRACTOR’s ’S expense or terminating this Agreementcontract. CONTRACTOR shall will not assess any additional charges for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract documents.
iv. Should CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract documents, within the time indicated in writing, the COUNTY may direct CONTRACTOR to correct the unacceptable or defective materials or work at CONTRACTOR’s ’S expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said repairs, removals, or renewals shall will be paid for out of any monies due or which may become due to CONTRACTOR. A change order shall will be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall will include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of CONTRACTOR’s ’S defective work and additional compensation due the COUNTY. CONTRACTOR shall will not be allowed an extension of the term of this Agreement contract because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY’s ’S rights and remedies hereunder. .
v. If CONTRACTOR fails to honor the change order, the COUNTY may terminate this Agreement.
D. contract. In the event the COUNTY’s ’S Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s ’S Project Manager will then make a determination if the work shall will be accepted and remain in place. In this event, the COUNTY’s ’S Project Manager will document the basis of acceptance by a change order that will provide for an appropriate deduction as needed in the contract price for such work or materials necessary to conform to the determination based on the COUNTY’s ’S Project Manager’s professional judgment.
E. vi. When all or a portion of the cost of Project/Services is to be paid by federal, state or another governmental agency, the work will be subject to such inspection by federal, state, or other governmental agency representative, but such inspections will not make the government or agency a party to this Agreementcontract.
Appears in 1 contract
Samples: On Call Construction Cost Estimating Services Contract
General Inspection Requirements. A. Due to the nature of this Agreement, the COUNTY will, at the time of establishment of need, require the CONTRACTOR to become fully informed as to the nature and extent of the work required and its relation to any other work in the area, including possible interference from other site activities. Arrangement for the CONTRACTOR’s inspection of facilities or sites and activity schedules may be secured from the user COUNTY department. Failure to visually inspect the facilities or sites may be cause for disqualification of the CONTRACTOR on that individual Service.
B. The CONTRACTOR shall furnish the COUNTY with every reasonable accommodation for ascertaining whether the work performed and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shall, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, the CONTRACTOR shall restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to in the opinion of the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall will be at the CONTRACTOR’s expense. However, should the work thus exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall will be paid for as unforeseen work.
B. If C. If, during or prior to construction operations, the COUNTY fails should fail to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall will in no way prevent the COUNTY’s later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and the CONTRACTOR shall will make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. D. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will shall give the CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will then have seven (7) calendar days from the date the notice is given to correct the defective condition. If the CONTRACTOR fails to correct the deficiency within the seven (7) calendar daysdays after receipt of the notice, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to the CONTRACTOR at the CONTRACTOR’s expense or terminating this Agreementthe contract. The CONTRACTOR shall may not assess any additional charges for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract documents. specifications.
E. Should the CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract documentsrequirements, within the time indicated in writing, the COUNTY may direct CONTRACTOR will have the authority to correct cause the unacceptable or defective materials or work to be corrected as necessary at the CONTRACTOR’s expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said these repairs, removals, or renewals shall will be paid for out of any monies due or which may become due to the CONTRACTOR. A change order shall will be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall will include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of the CONTRACTOR’s defective work and additional compensation due the COUNTY. The CONTRACTOR shall will not be allowed an extension of the term of this Agreement contract time because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY’s rights and remedies hereunderunder this Agreement. If the CONTRACTOR fails to honor the change order, the COUNTY may terminate this AgreementAgreement for default.
D. F. All work performed and all materials furnished must be in reasonably close conformity with the tolerances indicated in the specifications. In the event the COUNTY’s Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s Project Manager will then make a determination if the work shall will be accepted and remain in place. In this event, the COUNTY’s Project Manager will document the basis of acceptance by a change order Change Order that will provide for an appropriate deduction as needed in the contract price for such work or materials as the COUNTY’s Project Manager deems necessary to conform to the determination based on the COUNTY’s Project Manager’s professional judgment.
E. G. When all the United States Government or the State of Florida is to pay a portion of the cost of Project/Services is to be paid by federal, state or another governmental agencyconstruction, the work will be subject to such inspection by federal, state, Federal or other governmental agency representativeState representatives as deemed necessary, but such inspections will not in no case make the United States government or agency the State of Florida a party to this Agreementcontract.
Appears in 1 contract
Samples: Construction Contract
General Inspection Requirements. A. i. CONTRACTOR shall will furnish the COUNTY with every reasonable accommodation for ascertaining finding out whether the work performed performed, and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shallwill, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, CONTRACTOR shall will restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall will be at CONTRACTOR’s ’S expense. However, should the work exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall will be paid for as unforeseen work.
B. ii. If the COUNTY fails to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall will in no way prevent the COUNTY’s ’S later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and CONTRACTOR shall will make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. iii. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will give CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will then have seven (7) calendar days from the date the notice is given to correct the defective condition. If CONTRACTOR fails to correct the deficiency within the seven (7) calendar days, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to CONTRACTOR at CONTRACTOR’s ’S expense or terminating this Agreementcontract. CONTRACTOR shall will not assess any additional charges for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract documents.
iv. Should CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract documents, within the time indicated in writing, the COUNTY may direct CONTRACTOR to correct the unacceptable or defective materials or work at CONTRACTOR’s ’S expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said repairs, removals, or renewals shall will be paid for out of any monies due or which may become due to CONTRACTOR. A change order shall will be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall will include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of CONTRACTOR’s ’S defective work and additional compensation due the COUNTY. CONTRACTOR shall will not be allowed an extension of the term of this Agreement Contract because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY’s ’S rights and remedies hereunder. .
v. If CONTRACTOR fails to honor the change order, the COUNTY may terminate this Agreement.
D. contract. In the event the COUNTY’s Project ’S Service Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s Project ’S Service Manager will then make a determination if the work shall will be accepted and remain in place. In this event, the COUNTY’s Project ’S Service Manager will document the basis of acceptance by a change order that will provide for an appropriate deduction as needed in the contract price for such work or materials necessary to conform to the determination based on the COUNTY’s Project ’S Service Manager’s professional judgment.
E. vi. When all or a portion of the cost of Project/Services is to be paid by federal, state or another governmental agency, the work will be subject to such inspection by federal, state, or other governmental agency representative, but such inspections will not make the government or agency a party to this AgreementContract.
Appears in 1 contract
General Inspection Requirements. A. i. CONTRACTOR shall will furnish the COUNTY with every reasonable accommodation for ascertaining finding out whether the work performed performed, and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shallwill, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, CONTRACTOR shall will restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall will be at CONTRACTOR’s ’S expense. However, should the work exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall will be paid for as unforeseen work.
B. ii. If the COUNTY fails to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall will in no way prevent the COUNTY’s ’S later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and CONTRACTOR shall will make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. iii. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will give CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will then have seven (7) calendar five business days from the date the notice is given received to correct the defective condition. If CONTRACTOR fails to correct the deficiency within the seven (7) calendar five business days, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to CONTRACTOR at CONTRACTOR’s ’S expense or terminating this Agreementcontract. CONTRACTOR shall will not assess any additional charges for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract documents.
iv. Should CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract documents, within the time indicated in writing, the COUNTY may direct CONTRACTOR to correct the unacceptable or defective materials or work at CONTRACTOR’s ’S expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said repairs, removals, or renewals shall will be paid for out of any monies due or which may become due to CONTRACTOR. A change order shall will be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall will include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of CONTRACTOR’s ’S defective work and additional compensation due the COUNTY. CONTRACTOR shall will not be allowed an extension of the term of this Agreement contract because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY’s ’S rights and remedies hereunder. .
v. If CONTRACTOR fails to honor the change order, the COUNTY may terminate this Agreement.
D. contract. In the event the COUNTY’s ’S Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s ’S Project Manager will then make a determination if the work shall will be accepted and remain in place. In this event, the COUNTY’s ’S Project Manager will document the basis of acceptance by a change order that will provide for an appropriate deduction as needed in the contract price for such work or materials necessary to conform to the determination based on the COUNTY’s ’S Project Manager’s professional judgment.
E. vi. When all or a portion of the cost of Project/Services is to be paid by federal, state or another governmental agency, the work will be subject to such inspection by federal, state, or other governmental agency representative, but such inspections will not make the government or agency a party to this AgreementContract.
Appears in 1 contract
Samples: Facilities Lawn Maintenance and Related Services Contract
General Inspection Requirements. A. CONTRACTOR shall furnish the COUNTY CITY with every reasonable accommodation for ascertaining whether the work performed performed, and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shall, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, CONTRACTOR shall restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall be at CONTRACTOR’s expense. However, should the work exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall be paid for as unforeseen work.
B. If the COUNTY CITY fails to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall in no way prevent the COUNTYCITY’s later rejection when such defect is discovered, nor obligate the COUNTY CITY to final acceptance or payment, and CONTRACTOR shall make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will give CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will then have seven (7) calendar days from the date the notice is given to correct the defective condition. If CONTRACTOR fails to correct the deficiency within the seven (7) calendar days, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to CONTRACTOR at CONTRACTOR’s expense or terminating this Agreement. CONTRACTOR shall not assess any additional charges for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract documents. Should CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract documents, within the time indicated in writing, the COUNTY may direct CONTRACTOR to correct the unacceptable or defective materials or work at CONTRACTOR’s expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said repairs, removals, or renewals shall be paid for out of any monies due or which may become due to CONTRACTOR. A change order shall be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of CONTRACTOR’s defective work and additional compensation due the COUNTY. CONTRACTOR shall not be allowed an extension of the term of this Agreement because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY’s rights and remedies hereunder. If CONTRACTOR fails to honor the change order, the COUNTY may terminate this Agreement.
D. In the event the COUNTYCITY’s Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTYCITY’s Project Manager will then make a determination if the work shall be accepted and remain in place. In this event, the COUNTYCITY’s Project Manager will document the basis of acceptance by a change order that will provide for an appropriate deduction as needed in the contract price for such work or materials necessary to conform to the determination based on the COUNTYCITY’s Project Manager’s professional judgment.
E. D. When all or a portion of the cost of Project/Services is to be paid by federal, state or another governmental agency, the work will be subject to such inspection by federal, state, or other governmental agency representative, but such inspections will not make the government or agency a party to this Agreement.
E. Should CONTRACTOR be obstructed or delayed in the completion of the work as a result of unforeseeable causes beyond the control of CONTRACTOR, and not due to CONTRACTOR’s fault or neglect, CONTRACTOR shall notify the CITY in writing within twenty-four (24) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONTRACTOR may have had to request a time extension.
F. If CONTRACTOR complies with the twenty-four (24) hour notice requirement, the CITY shall ascertain the facts and the extent of the delay being claimed and recommend an extension to the contract time when, in the CITY’s sole judgment, the findings of fact justify such an extension. CONTRACTOR shall cooperate with the CITY’s investigation of the delays by providing any schedules, correspondence or other data that may be required to complete the findings of fact. Extensions to the contract time may be granted only for those delays which impact CONTRACTOR’s construction schedule. Extensions of contract time, if approved by the CITY, must be authorized by written change order.
Appears in 1 contract
General Inspection Requirements. A. CONTRACTOR shall furnish the COUNTY with every reasonable accommodation for ascertaining whether the work performed and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shall, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, CONTRACTOR shall restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall be at CONTRACTOR’s expense. However, should the work exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall be paid for as unforeseen work.
B. If the COUNTY fails to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall in no way prevent the COUNTY’s later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and CONTRACTOR shall make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will give CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will then have seven (7) calendar days from the date the notice is given to correct the defective condition. If CONTRACTOR fails to correct the deficiency within the seven (7) calendar days, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to CONTRACTOR at CONTRACTOR’s expense or terminating this Agreement. CONTRACTOR shall not assess any additional charges for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract documents. Should CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract documents, within the time indicated in writing, the COUNTY may direct CONTRACTOR to correct the unacceptable or defective materials or work at CONTRACTOR’s expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said repairs, removals, or renewals shall be paid for out of any monies due or which may become due to CONTRACTOR. A change order shall be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of CONTRACTOR’s defective work and additional compensation due the COUNTY. CONTRACTOR shall not be allowed an extension of the term of this Agreement because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY’s rights and remedies hereunder. If CONTRACTOR fails to honor the change order, the COUNTY may terminate this Agreement.
D. In the event the COUNTY’s Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s Project Manager will then make a determination if the work shall be accepted and remain in place. In this event, the COUNTY’s Project Manager will document the basis of acceptance by a change order that will provide for an appropriate deduction as needed in the contract price for such work or materials necessary to conform to the determination based on the COUNTY’s Project Manager’s professional judgment.
E. When all or a portion of the cost of Project/Services is to be paid by federal, state or another governmental agency, the work will be subject to such inspection by federal, state, or other governmental agency representative, but such inspections will not make the government or agency a party to this Agreement.
Appears in 1 contract
Samples: Demolition Agreement
General Inspection Requirements. A. i. CONTRACTOR shall will furnish the COUNTY with every reasonable accommodation for ascertaining finding out whether the work performed performed, and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shallwill, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, CONTRACTOR shall will restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall will be at CONTRACTOR’s ’S expense. However, should the work exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall will be paid for as unforeseen work.
B. ii. If the COUNTY fails to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall will in no way prevent the COUNTY’s ’S later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and CONTRACTOR shall will make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. iii. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will give CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will then have seven (7) calendar days from the date the notice is given to correct the defective condition. If CONTRACTOR fails to correct the deficiency within the seven (7) calendar days, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to CONTRACTOR at CONTRACTOR’s ’S expense or terminating this Agreementcontract. CONTRACTOR shall will not assess any additional charges for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract documents.
iv. Should CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract documents, within the time indicated in writing, the COUNTY may direct CONTRACTOR to correct the unacceptable or defective materials or work at CONTRACTOR’s ’S expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said repairs, removals, or renewals shall will be paid for out of any monies due or which may become due to CONTRACTOR. A change order shall will be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall will include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of CONTRACTOR’s ’S defective work and additional compensation due the COUNTY. CONTRACTOR shall will not be allowed an extension of the term of this Agreement contract because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY’s ’S rights and remedies hereunder. .
v. If CONTRACTOR fails to honor the change order, the COUNTY may terminate this Agreement.
D. contract. In the event the COUNTY’s ’S Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s ’S Project Manager will then make a determination if the work shall will be accepted and remain in place. In this event, the COUNTY’s ’S Project Manager will document the basis of acceptance by a change order that will provide for an appropriate deduction as needed in the contract price for such work or materials necessary to conform to the determination based on the COUNTY’s ’S Project Manager’s professional judgment.
E. vi. When all or a portion of the cost of Project/Services is to be paid by federal, state or another governmental agency, the work will be subject to such inspection by federal, state, or other governmental agency representative, but such inspections will not make the government or agency a party to this Agreementcontract.
Appears in 1 contract
Samples: Contract for Installation Services
General Inspection Requirements. A. Due to the nature of this Agreement, COUNTY shall at the time of establishment of need, require CONTRACTOR to become fully informed as to the nature and extent of the work required and its relation to any other work in the area, including possible interference from other site activities. Arrangement for CONTRACTOR’s inspection of facilities or sites and/or activity schedules may be secured from the user COUNTY department. Failure to visually inspect the facilities or sites may be cause for disqualification of CONTRACTOR on that individual Project/Service.
B. CONTRACTOR shall furnish the COUNTY with every reasonable accommodation for ascertaining whether the work performed and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shall, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, CONTRACTOR shall restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable to in the opinion of the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall be at CONTRACTOR’s expense. However, should the work thus exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall be paid for as unforeseen work.
B. If the C. If, during or prior to construction operations, COUNTY fails should fail to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall in no way prevent the COUNTY’s later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and CONTRACTOR shall make no claim for losses suffered due to any necessary removals or repairs of such defects.
C. D. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY will shall give CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR will shall then have seven (7) calendar days from the date the notice is given to correct the defective condition. If CONTRACTOR fails to correct the deficiency within the seven (7) calendar daysdays after receipt of the notice, the COUNTY may take any action necessary, including correcting the deficient work utilizing another contractor, returning any non-compliant goods to CONTRACTOR at CONTRACTOR’s expense or terminating this Agreementcontract. CONTRACTOR shall not assess any additional charges charge(s) for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract documents. specifications.
E. Should CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract documentsrequirements, within the time indicated in writing, COUNTY shall have the COUNTY may direct CONTRACTOR authority to correct cause the unacceptable or defective materials or work to be corrected as necessary at CONTRACTOR’s expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in making said repairs, removals, or renewals shall be paid for out of any monies due or which may become due to the CONTRACTOR. A change order shall be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of CONTRACTOR’s defective work and additional compensation due the to COUNTY. The CONTRACTOR shall not be allowed an extension of the term of this Agreement contract time because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY’s rights and remedies hereunder. If CONTRACTOR fails to honor the change order, the COUNTY may terminate this AgreementAgreement for default.
D. F. All work performed and all materials furnished shall be in reasonably close conformity with the tolerances indicated in the specifications. In the event the COUNTY’s Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY’s Project Manager will then make a determination if the work shall be accepted and remain in place. In this event, the COUNTY’s Project Manager will document the basis of acceptance by a change order Change Order that will provide for an appropriate deduction as needed in the contract price for such work or materials as COUNTY’s Project Manager deems necessary to conform to the determination based on the COUNTY’s Project Manager’s professional judgment.
E. G. When all the United States Government or the State of Florida is to pay a portion of the cost of Project/Services is to be paid by federal, state or another governmental agencyconstruction, the work will be subject to such inspection by federal, state, federal or other governmental agency representativestate representatives as deemed necessary, but such inspections will not in no case make the government United States Government or agency the State of Florida a party to this Agreementcontract.
Appears in 1 contract
Samples: Fire Sprinkler System Inspection, Testing, Maintenance and Repair Services Agreement