Common use of PROSECUTION AND PROGRESS OF THE WORK Clause in Contracts

PROSECUTION AND PROGRESS OF THE WORK. A. SCHEDULES AND EXAMINATIONS OF AGREEMENT 1. Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract and check and verify pertinent figures shown thereon, all applicable field and engineering measurements, if any, and all actual conditions. The Contractor shall promptly report in writing to the County any conflict, error, ambiguity or discrepancy which the Contractor may discover in County-provided information and shall obtain a written interpretation or clarification from the County before proceeding with any Work affected thereby. 2. The Contractor shall submit an electronic version in Microsoft Word 2007 or newer or Excel 2007 or newer or Microsoft Project 2000 or newer of an original, plus seven copies, of the following schedules to the County at least five days prior to the pre-construction conference for initial review and discussion: a. Monthly progress schedules and reports. b. Preliminary design schedule and schedule of shop drawings and sample Submittals which will list Contractor’s preliminary schedule for completing the project design documents (through release for construction). If no such schedule is agreed upon, then all shop drawings, samples and product data submittals shall be completed and submitted within thirty (30) days after receipt of notice to proceed with construction. c. Preliminary schedule of values for all the Work which will include quantities and prices of items aggregating the Contract Sum and will subdivide each schedule of value into component activities in sufficient detail to serve as the basis for progress payments during construction. Such Schedule of Values will include an appropriate amount of overhead and profit applicable to each item of work, will include a line item for project record documents and a line item for project scheduling, and will conform to the Specifications. 3. Unless otherwise provided in the Contract, at least fifteen (15) days before submission of the first application for payment, a conference attended by Contractor, County, and others as appropriate, will be held to review for acceptability the schedules submitted in accordance with Section 1.11.A.2 of the Contract and first reviewed at the pre-construction conference. Contractor shall schedule this meeting. Contractor shall have an additional seven (7) days to make corrections and adjustments and to complete and resubmit the schedules. Schedules shall be updated and completed monthly. No progress payment shall be due or owing to Contractor until the schedules are submitted and reasonably acceptable to County and/or County consultants as meeting the requirements of the Contract. County’s acceptance of Contractor’s schedules will not create any duty of care or impose on County any responsibility for the sequencing, scheduling or progress of Work nor will it interfere with or relieve Contractor from Contractor’s full responsibility therefor. 4. Before commencing any portion of the Work, the Contractor shall, to permit proper inspection of the Work and to assure measurements necessary for record and payment, inform the County in writing as to time and place at which the Contractor wishes to commence the Work and the nature of the Work to be done. Information shall be given to the County a reasonable time in advance of the date on which the Contractor proposes to begin Work, so that County may make necessary preliminary work without inconvenience or delay to the Contractor. If the County so requires, the Contractor shall submit weekly, a rolling two (2) week schedule, listing the activities anticipated to be performed along with the dates for which work is expected to be performed. 5. The Contractor shall submit submittals and shop drawings to County for review in accordance with Section 1.05.J. Submission of a drawing shall constitute the Contractor's representation that all requirements of the Contract have been complied with. All submittals will be identified as County may require and in the number of copies specified in this Contract. 6. The Contractor shall not perform any Work requiring submission of a shop drawing or sample or other submittal prior to submission and a favorable review thereof. Where a shop drawing or sample or other submittal is required by the Contract or the final schedule of shop drawing and sample submissions accepted by the County, any related Work performed prior to County's approval of the pertinent submittal will be at the sole expense, responsibility and risk of the Contractor. 7. The Contractor shall utilize the progress schedules in planning, scheduling, coordinating, performing and controlling the Work (including all activities of Subcontractors, assigned contractors, equipment vendors and suppliers). The Contractor shall update the progress schedules on a monthly basis for purpose of recording and monitoring the progress of the Work and evaluating and preparing the Contractor's payments. Contractor’s failure to submit and maintain an acceptable progress schedule may, in County’s discretion, and without limiting the materiality of Contractor’s other obligations under the Contract, constitute grounds to declare Contractor in material breach of the Contract. B. LINES AND GRADES 1. Work shall be done to lines and grades established by Contractor at Contractor's cost in accordance with the Contract, unless the County, in its discretion, directs otherwise. 2. At times it may be necessary to discontinue portions of Contractor's work in order for the County to make measurements or surveys without interruptions or other interference that might impair accuracy of results. At any time, upon request of the County, Contractor shall discontinue the Work to such extent as may be necessary for purposes of the County. 3. No payment will be made for cost to Contractor of any work or delay occasioned by establishing or checking lines and grades or making other measurements, or by inspection, and no extension of time will be allowed for such delays.

Appears in 9 contracts

Samples: Contract for Design Build Services, Contract, Contract

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PROSECUTION AND PROGRESS OF THE WORK. A. SCHEDULES AND EXAMINATIONS OF AGREEMENT 1. Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract and check and verify pertinent figures shown thereon, all applicable field and engineering measurements, if any, and all actual conditions. The Contractor shall promptly report in writing to the County any conflict, error, ambiguity or discrepancy which the Contractor may discover in County-provided information and shall obtain a written interpretation or clarification from the County before proceeding with any Work affected thereby. 2. The Contractor shall submit an electronic version in Microsoft Word 2007 or newer or Excel 2007 or newer or Microsoft Project 2000 or newer of an original, plus seven copies, of the following schedules to the County at least five days prior to the pre-construction conference for initial review and discussion: a. Monthly progress schedules and reports. b. Preliminary design schedule and schedule of shop drawings and sample Submittals which will list Contractor’s preliminary schedule for completing the project design documents (through release for construction). If no such schedule is agreed upon, then all shop drawings, samples and product data submittals shall be completed and submitted within thirty (30) days after receipt of notice to proceed with construction. c. Preliminary schedule of values for all the Work which will include quantities and prices of items aggregating the Contract Sum and will subdivide each schedule of value into component activities in sufficient detail to serve as the basis for progress payments during construction. Such Schedule of Values will include an appropriate amount of overhead and profit applicable to each item of work, will include a line item for project record documents and a line item for project scheduling, and will conform to the Specifications. 3. Unless otherwise provided in the Contract, at least fifteen (15) days before submission of the first application for payment, a conference attended by Contractor, County, and others as appropriate, will be held to review for acceptability the schedules submitted in accordance with Section 1.11.A.2 of the Contract and first reviewed at the pre-construction conference. Contractor shall schedule this meeting. Contractor shall have an additional seven (7) days to make corrections and adjustments and to complete and resubmit the schedules. Schedules shall be updated and completed monthly. No progress payment shall be due or owing to Contractor until the schedules are submitted and reasonably acceptable to County and/or County consultants as meeting the requirements of the Contract. County’s acceptance of Contractor’s schedules will not create any duty of care or impose on County any responsibility for the sequencing, scheduling or progress of Work nor will it interfere with or relieve Contractor from Contractor’s full responsibility therefor. 4. Before commencing any portion of the Work, the Contractor shall, to permit proper inspection of the Work and to assure measurements necessary for record and payment, inform the County in writing as to time and place at which the Contractor wishes to commence the Work and the nature of the Work to be done. Information shall be given to the County a reasonable time in advance of the date on which the Contractor proposes to begin Work, so that County may make necessary preliminary work without inconvenience or delay to the Contractor. If the County so requires, the Contractor shall submit weekly, a rolling two (2) week schedule, listing the activities anticipated to be performed along with the dates for which work is expected to be performed. 5. The Contractor shall submit submittals and shop drawings to County for review in accordance with Section 1.05.J. Submission of a drawing shall constitute the Contractor's representation that all requirements of the Contract have been complied with. All submittals will be identified as County may require and in the number of copies specified in this Contract. 6. The Contractor shall not perform any Work requiring submission of a shop drawing or sample or other submittal prior to submission and a favorable review thereof. Where a shop drawing or sample or other submittal is required by the Contract or the final schedule of shop drawing and sample submissions accepted by the County, any related Work performed prior to County's approval of the pertinent submittal will be at the sole expense, responsibility and risk of the Contractor. 7. The Contractor shall utilize the progress schedules in planning, scheduling, coordinating, performing and controlling the Work (including all activities of Subcontractors, assigned contractors, equipment vendors and suppliers). The Contractor shall update the progress schedules on a monthly basis for purpose of recording and monitoring the progress of the Work and evaluating and preparing the Contractor's payments. Contractor’s failure to submit and maintain an acceptable progress schedule may, in County’s discretion, and without limiting the materiality of Contractor’s other obligations under the Contract, constitute grounds to declare Contractor in material breach of the Contract.to B. LINES AND GRADES 1. Work shall be done to lines and grades established by Contractor at Contractor's cost in accordance with the Contract, unless the County, in its discretion, directs otherwise. 2. At times it may be necessary to discontinue portions of Contractor's work in order for the County to make measurements or surveys without interruptions or other interference that might impair accuracy of results. At any time, upon request of the County, Contractor shall discontinue the Work to such extent as may be necessary for purposes of the County. 3. No payment will be made for cost to Contractor of any work or delay occasioned by establishing or checking lines and grades or making other measurements, or by inspection, and no extension of time will be allowed for such delays.

Appears in 1 contract

Samples: Contract

PROSECUTION AND PROGRESS OF THE WORK. A. SCHEDULES AND EXAMINATIONS EXAMINATION OF AGREEMENTCONTRACT DOCUMENTS 1. Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon, thereon and all applicable field and engineering measurements, if any, measurements and all actual conditions. The Contractor shall promptly report in writing to the County Project Manager and Architect/Engineer any conflict, error, ambiguity or discrepancy which the Contractor may discover in County-provided information and shall obtain a written interpretation or clarification from the County Architect/Engineer before proceeding with any Work affected thereby. 2. The Contractor shall submit an electronic version in Microsoft Word 2007 or newer or Excel 2007 or newer or Microsoft to Project 2000 or newer of an original, plus seven copies, of the following schedules to the County at least five days prior to the pre-construction conference Manager and Architect/Engineer for initial review and discussionreview: a. Monthly progress Progress schedules and reportsreports shall be submitted as required by Specification Sections 01300 and 01310. Contractor shall utilize the Progress Schedule in planning, scheduling, coordinating, per- forming and controlling the work (including all activities of Subcontractors, assigned contractors, equipment vendors and suppliers). Contractor shall update Progress Schedule on a monthly basis for purpose of recording and monitoring the progress of Work and evaluating and preparing Contractor's monthly progress payments. b. Preliminary design schedule and Within ten (10) business days after the Notice of Award, Contractor shall submit a preliminary schedule of shop drawings Shop Drawing and sample Submittals Sample submittals which will list Contractor’s preliminary schedule each required submittal and the times for completing the project design documents (through release for construction)submitting, reviewing and processing such submittal, as required by Specification Section 01300. If no such schedule is agreed upon, then all shop drawingsShop Drawings, samples Samples and product data submittals shall be completed and submitted within thirty (30) business days after receipt of notice Notice to proceed with constructionProceed from City. c. Preliminary Within ten (10) business days after the Notice of Award, Contractor shall submit a preliminary schedule of values for all the Work which will include quantities and prices of items aggregating the Contract Sum and will subdivide each schedule of value into component activities in sufficient detail to serve as the basis for progress payments during construction. Such Schedule of Values will include an appropriate amount of overhead and profit applicable to each item of work, will include a line item for project record documents documents, and a line item for project scheduling, and will conform to the SpecificationsSpecification Section 01025, Measurement and Payment. 3. Unless otherwise provided in the ContractContract Documents, at least fifteen (15) days before submission of the first application First Application for paymentPayment, a conference attended by Contractor, CountyArchitect/ Engineer, Project Manager, and others as appropriate, will be held to review for acceptability the schedules submitted in accordance with Section 1.11.A.2 of the Contract and first reviewed at the pre-construction conferenceabove subparagraph 2. Contractor shall schedule this meeting. The Contractor shall have an additional seven fifteen (715) days to make corrections and adjustments and to complete and resubmit the schedules. Schedules shall be updated and completed monthlyas required by Specification Sections 01025, 01300 and 01310. No progress payment shall be due or owing to Contractor until the schedules are submitted to and reasonably acceptable to County and/or County consultants Project Manager as meeting the requirements of the Contract. County’s Contract Documents (including Specification Sections 01025, 01300 and 01310.) Project Manager's acceptance of Contractor’s 's schedules will not create any duty of care or impose on County City or Project Manager any responsibility for the sequencing, scheduling or progress of Work nor will it interfere with or relieve Contractor from Contractor’s 's full responsibility therefor. 4. Before commencing any portion of the Work, the Contractor shallshall inform Project Manager in writing as to time and place at which Contractor wishes to commence Work, and nature of work to permit be done, in order that proper provision for inspection of the Work may occur, and to assure measurements necessary for record and payment, inform the County in writing as to time and place at which the Contractor wishes to commence the Work and the nature of the Work to be done. Information shall be given to the County Project Manager a reasonable time in advance of the date on time at which the Contractor proposes to begin Work, so that County Project Manager may make necessary preliminary work without inconvenience or delay to the Contractor. If the County so requires, the Contractor shall submit weekly, a rolling two (2) week schedule, listing the activities anticipated to be performed along with the dates for which work is expected to be performed. 5. The Contractor shall submit submittals and shop drawings to County Architect/Engineer for review in strict accordance with Section 1.05.J. 01300 Submittals. Submission of a drawing Shop Drawing shall constitute the Contractor's representation that all requirements of the Contract Section 01300 Submittals have been complied with. All submittals will be identified as County Architect/Engineer may require and in the number of copies specified in this ContractSection 01300 Submittals. 6. The Contractor shall not perform any Work work requiring submission of a shop drawing Shop Drawing or sample Sample or other submittal prior to submission and a favorable review thereofof the Shop Drawing or Sample or submittal. Where a shop drawing Shop Drawing or sample Sample or other submittal is required by the Contract Documents or the final schedule of shop drawing Shop Drawing and sample Sample submissions accepted by the CountyProject Manager and Architect/Engineer, any related Work performed prior to CountyArchitect/Engineer's approval of the pertinent submittal will be at the sole expense, responsibility and risk of the Contractor. 7. The Contractor shall utilize the progress schedules in planning, scheduling, coordinating, performing and controlling the Work (including all activities of Subcontractors, assigned contractors, equipment vendors and suppliers). The Contractor shall update the progress schedules on a monthly basis for purpose of recording and monitoring the progress of the Work and evaluating and preparing the Contractor's payments. Contractor’s failure to submit and maintain an acceptable progress schedule may, in County’s discretion, and without limiting the materiality of Contractor’s other obligations under the Contract, constitute grounds to declare Contractor in material breach of the Contract. B. LINES AND GRADES, MEASUREMENTS 1. Work shall be done to lines and grades established by Contractor at Contractor's cost in accordance with the ContractContract Documents, unless the CountyProject Manager, in its sole discretion, directs otherwise. 2. At request of Project Manager, Contractor shall, without charge, provide workers from Contractor's force, and tools and materials, to assist Project Manager temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. At times it may be necessary to discontinue portions of Contractor's work in order for the County Project Manager to make measurements or surveys without interruptions or other interference that might impair accuracy of results. At any time, upon on request of the CountyProject Manager, Contractor shall discontinue the Work work to such extent as may be necessary for purposes of the CountyProject Manager. 3. No direct payment will be made for cost to Contractor of any work or delay occasioned by establishing or checking lines and grades or making other measurements, or by inspection, and no extension of time will be allowed for such delays.

Appears in 1 contract

Samples: Construction Contract

PROSECUTION AND PROGRESS OF THE WORK. A. SCHEDULES AND EXAMINATIONS OF AGREEMENTAGREEMENT‌ 1. Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract and check and verify pertinent figures shown thereon, all applicable field and engineering measurements, if any, and all actual conditions. The Contractor shall promptly report in writing to the County any conflict, error, ambiguity or discrepancy which the Contractor may discover in County-provided information and shall obtain a written interpretation or clarification from the County before proceeding with any Work affected thereby. 2. The Contractor shall submit an electronic version in Microsoft Word 2007 or newer or Excel 2007 or newer or Microsoft Project 2000 or newer of an original, plus seven copies, of the following schedules to the County at least five days prior to the pre-construction conference for initial review and discussion: a. Monthly progress schedules and reports.reports.‌ b. Preliminary design schedule and schedule of shop drawings and sample Submittals which will list Contractor’s preliminary schedule for completing the project design documents (through release for construction). If no such schedule is agreed upon, then all shop drawings, samples and product data submittals shall be completed and submitted within thirty (30) days after receipt of notice to proceed with construction. c. Preliminary schedule of values for all the Work which will include quantities and prices of items aggregating the Contract Sum and will subdivide each schedule of value into component activities in sufficient detail to serve as the basis for progress payments during construction. Such Schedule of Values will include an appropriate amount of overhead and profit applicable to each item of work, will include a line item for project record documents and a line item for project scheduling, and will conform to the Specifications. 3. Unless otherwise provided in the Contract, at least fifteen (15) days before submission of the first application for payment, a conference attended by Contractor, County, and others as appropriate, will be held to review for acceptability the schedules submitted in accordance with Section 1.11.A.2 of the Contract and first reviewed at the pre-construction conference. Contractor shall schedule this meeting. Contractor shall have an additional seven (7) days to make corrections and adjustments and to complete and resubmit the schedules. Schedules shall be updated and completed monthly. No progress payment shall be due or owing to Contractor until the schedules are submitted and reasonably acceptable to County and/or County consultants as meeting the requirements of the Contract. County’s acceptance of Contractor’s schedules will not create any duty of care or impose on County any responsibility for the sequencing, scheduling or progress of Work nor will it interfere with or relieve Contractor from Contractor’s full responsibility therefor. 4. Before commencing any portion of the Work, the Contractor shall, to permit proper inspection of the Work and to assure measurements necessary for record and payment, inform the County in writing as to time and place at which the Contractor wishes to commence the Work and the nature of the Work to be done. Information shall be given to the County a reasonable time in advance of the date on which the Contractor proposes to begin Work, so that County may make necessary preliminary work without inconvenience or delay to the Contractor. If the County so requires, the Contractor shall submit weekly, a rolling two (2) week schedule, listing the activities anticipated to be performed along with the dates for which work is expected to be performed. 5. The Contractor shall submit submittals and shop drawings to County for review in accordance with Section 1.05.J. Submission of a drawing shall constitute the Contractor's representation that all requirements of the Contract have been complied with. All submittals will be identified as County may require and in the number of copies specified in this Contract. 6. The Contractor shall not perform any Work requiring submission of a shop drawing or sample or other submittal prior to submission and a favorable review thereof. Where a shop drawing or sample or other submittal is required by the Contract or the final schedule of shop drawing and sample submissions accepted by the County, any related Work performed prior to County's approval of the pertinent submittal will be at the sole expense, responsibility and risk of the Contractor. 7. The Contractor shall utilize the progress schedules in planning, scheduling, coordinating, performing and controlling the Work (including all activities of Subcontractors, assigned contractors, equipment vendors and suppliers). The Contractor shall update the progress schedules on a monthly basis for purpose of recording and monitoring the progress of the Work and evaluating and preparing the Contractor's payments. Contractor’s failure to submit and maintain an acceptable progress schedule may, in County’s discretion, and without limiting the materiality of Contractor’s other obligations under the Contract, constitute grounds to declare Contractor in material breach of the Contract. B. LINES AND GRADESGRADES‌ 1. Work shall be done to lines and grades established by Contractor at Contractor's cost in accordance with the Contract, unless the County, in its discretion, directs otherwise. 2. At times it may be necessary to discontinue portions of Contractor's work in order for the County to make measurements or surveys without interruptions or other interference that might impair accuracy of results. At any time, upon request of the County, Contractor shall discontinue the Work to such extent as may be necessary for purposes of the County. 3. No payment will be made for cost to Contractor of any work or delay occasioned by establishing or checking lines and grades or making other measurements, or by inspection, and no extension of time will be allowed for such delays. C. COST DATA‌ 1. Contractor shall maintain full and correct information as to number of workers employed in connection with each subdivision of the Work, classification and rate of pay of each worker in the form of certified payrolls, cost to Contractor of each class of materials, tools and appliances used by Contractor in the Work, and amount of each class of materials used in each subdivision of the Work. Contractor shall provide the County with monthly summaries of this information. If Contractor maintains or is capable of generating summaries or reports comparing actual project costs with Bid estimates or any budgets, it shall provide the County with a copy of such report whenever it is generated or whenever it is requested by or on behalf of the County. 2. Contractor shall maintain daily job reports recording all significant activity on the job, including the number of workers and specific equipment on Site, work activities, work accomplished, problems encountered and delays. Contractor shall provide County with copies for each day Contractor works on the Project, to be delivered to County either the same day or the following morning before starting work at the Site. Contractor shall take weekly progress photographs of all areas of the Work. Contractor shall maintain copies of all correspondence with Subcontractors and records of meetings with Subcontractors. Contractor shall report to the surety promptly upon receiving requests from the surety to provide reporting. Contractor shall provide copies of daily job reports as requested or required by the County or as specified in the Contract. 3. County shall have the right to audit and copy Contractor’s books and records of any type, nature or description relating to the Project (including but not limited to financial records reflecting in any way costs claimed on the Project), and to inspect the Site, including Contractor’s trailer, or other job Site office, and this requirement shall be contained in the subcontracts of Subcontractors working on Site. By way of example, County shall have the right to inspect and obtain copies of all Contract, planning, design, bid, proposal and negotiation documents, cost records and job cost variance reports, design modification proposals, value engineering or other cost reduction proposals, revisions made to the original design, job progress reports, photographs, and as-built drawings maintained by Contractor. Contractor shall preserve such books, records, and other items for a period of at least three (3) years from final completion of the Work. 4. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, addenda, Contract Modifications, Work directives, force account orders, and written interpretations and clarifications in good order and annotated to show all changes made during construction. These project record documents, together with all approved samples and a counterpart of all approved shop drawings, shall be maintained and available to County for reference. Upon completion of the Work, Contractor shall deliver to County, the project record documents, samples and shop drawings and as-built drawings. Final payment will not be issued until all project records are delivered to County. 5. County, its agents or designees, shall have the right to inspect all information and documents maintained under this Section 1.11.C at any time during the Project and for a period of five years (5) following Substantial Completion. This right of inspection shall not relieve Contractor of its duties and obligations under the Contract. This right of inspection shall be specifically enforceable in a court of law, either independently or in conjunction with enforcement of any other rights in the Contract.

Appears in 1 contract

Samples: Design Build Contract

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PROSECUTION AND PROGRESS OF THE WORK. A. SCHEDULES AND EXAMINATIONS OF AGREEMENTAGREEMENT‌ 1. Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract and check and verify pertinent figures shown thereon, all applicable field and engineering measurements, if any, and all actual conditions. The Contractor shall promptly report in writing to the County any conflict, error, ambiguity or discrepancy which the Contractor may discover in County-provided information and shall obtain a written interpretation or clarification from the County before proceeding with any Work affected thereby. 2. The Contractor shall submit an electronic version in Microsoft Word 2007 or newer or Excel 2007 or newer or Microsoft Project 2000 or newer of an original, plus seven copies, of the following schedules to the County at least five days prior to the pre-construction conference for initial review and discussion: a. Monthly progress schedules and reports. b. Preliminary design schedule and schedule of shop drawings and sample Submittals which will list Contractor’s preliminary schedule for completing the project design documents (through release for construction). If no such schedule is agreed upon, then all shop drawings, samples and product data submittals shall be completed and submitted within thirty (30) days after receipt of notice to proceed with construction. c. Preliminary schedule of values for all the Work which will include quantities and prices of items aggregating the Contract Sum and will subdivide each schedule of value into component activities in sufficient detail to serve as the basis for progress payments during construction. Such Schedule of Values will include an appropriate amount of overhead and profit applicable to each item of work, will include a line item for project record documents and a line item for project scheduling, and will conform to the Specifications. 3. Unless otherwise provided in the Contract, at least fifteen (15) days before submission of the first application for payment, a conference attended by Contractor, County, and others as appropriate, will be held to review for acceptability the schedules submitted in accordance with Section 1.11.A.2 of the Contract and first reviewed at the pre-construction conference. Contractor shall schedule this meeting. Contractor shall have an additional seven (7) days to make corrections and adjustments and to complete and resubmit the schedules. Schedules shall be updated and completed monthly. No progress payment shall be due or owing to Contractor until the schedules are submitted and reasonably acceptable to County and/or County consultants as meeting the requirements of the Contract. County’s acceptance of Contractor’s schedules will not create any duty of care or impose on County any responsibility for the sequencing, scheduling or progress of Work nor will it interfere with or relieve Contractor from Contractor’s full responsibility therefor. 4. Before commencing any portion of the Work, the Contractor shall, to permit proper inspection of the Work and to assure measurements necessary for record and payment, inform the County in writing as to time and place at which the Contractor wishes to commence the Work and the nature of the Work to be done. Information shall be given to the County a reasonable time in advance of the date on which the Contractor proposes to begin Work, so that County may make necessary preliminary work without inconvenience or delay to the Contractor. If the County so requires, the Contractor shall submit weekly, a rolling two (2) week schedule, listing the activities anticipated to be performed along with the dates for which work is expected to be performed. 5. The Contractor shall submit submittals and shop drawings to County for review in accordance with Section 1.05.J. Submission of a drawing shall constitute the Contractor's representation that all requirements of the Contract have been complied with. All submittals will be identified as County may require and in the number of copies specified in this Contract. 6. The Contractor shall not perform any Work requiring submission of a shop drawing or sample or other submittal prior to submission and a favorable review thereof. Where a shop drawing or sample or other submittal is required by the Contract or the final schedule of shop drawing and sample submissions accepted by the County, any related Work performed prior to County's approval of the pertinent submittal will be at the sole expense, responsibility and risk of the Contractor. 7. The Contractor shall utilize the progress schedules in planning, scheduling, coordinating, performing and controlling the Work (including all activities of Subcontractors, assigned contractors, equipment vendors and suppliers). The Contractor shall update the progress schedules on a monthly basis for purpose of recording and monitoring the progress of the Work and evaluating and preparing the Contractor's payments. Contractor’s failure to submit and maintain an acceptable progress schedule may, in County’s discretion, and without limiting the materiality of Contractor’s other obligations under the Contract, constitute grounds to declare Contractor in material breach of the Contract. B. LINES AND GRADESGRADES‌ 1. Work shall be done to lines and grades established by Contractor at Contractor's cost in accordance with the Contract, unless the County, in its discretion, directs otherwise. 2. At times it may be necessary to discontinue portions of Contractor's work in order for the County to make measurements or surveys without interruptions or other interference that might impair accuracy of results. At any time, upon request of the County, Contractor shall discontinue the Work to such extent as may be necessary for purposes of the County. 3. No payment will be made for cost to Contractor of any work or delay occasioned by establishing or checking lines and grades or making other measurements, or by inspection, and no extension of time will be allowed for such delays. C. COST DATA‌ 1. Contractor shall maintain full and correct information as to number of workers employed in connection with each subdivision of the Work, classification and rate of pay of each worker in the form of certified payrolls, cost to Contractor of each class of materials, tools and appliances used by Contractor in the Work, and amount of each class of materials used in each subdivision of the Work. Contractor shall provide the County with monthly summaries of this information. If Contractor maintains or is capable of generating summaries or reports comparing actual project costs with Bid estimates or any budgets, it shall provide the County with a copy of such report whenever it is generated or whenever it is requested by or on behalf of the County. 2. Contractor shall maintain daily job reports recording all significant activity on the job, including the number of workers and specific equipment on Site, work activities, work accomplished, problems encountered and delays. Contractor shall provide County with copies for each day Contractor works on the Project, to be delivered to County either the same day or the following morning before starting work at the Site. Contractor shall take weekly progress photographs of all areas of the Work. Contractor shall maintain copies of all correspondence with Subcontractors and records of meetings with Subcontractors. Contractor shall report to the surety promptly upon receiving requests from the surety to provide reporting. Contractor shall provide copies of daily job reports as requested or required by the County or as specified in the Contract. 3. County shall have the right to audit and copy Contractor’s books and records of any type, nature or description relating to the Project (including but not limited to financial records reflecting in any way costs claimed on the Project), and to inspect the Site, including Contractor’s trailer, or other job Site office, and this requirement shall be contained in the subcontracts of Subcontractors working on Site. By way of example, County shall have the right to inspect and obtain copies of all Contract, planning, design, bid, proposal and negotiation documents, cost records and job cost variance reports, design modification proposals, value engineering or other cost reduction proposals, revisions made to the original design, job progress reports, photographs, and as-built drawings maintained by Contractor. Contractor shall preserve such books, records, and other items for a period of at least three (3) years from final completion of the Work. 4. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, addenda, Contract Modifications, Work directives, force account orders, and written interpretations and clarifications in good order and annotated to show all changes made during construction. These project record documents, together with all approved samples and a counterpart of all approved shop drawings, shall be maintained and available to County for reference. Upon completion of the Work, Contractor shall deliver to County, the project record documents, samples and shop drawings and as-built drawings. Final payment will not be issued until all project records are delivered to County. 5. County, its agents or designees, shall have the right to inspect all information and documents maintained under this Section 1.11.C at any time during the Project and for a period of five years (5) following Substantial Completion. This right of inspection shall not relieve Contractor of its duties and obligations under the Contract. This right of inspection shall be specifically enforceable in a court of law, either independently or in conjunction with enforcement of any other rights in the Contract.

Appears in 1 contract

Samples: Contract for Design Build Services

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