Common use of Acceptance of the Work Clause in Contracts

Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies), and features required in the Contract Documents; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the State, in accordance with direction from the Project Manager and as provided for in Exhibit D. The State shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication to notify the Contractor of the Work’s acceptability. If the State rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection describing in detail the failure of the Work as measured against the Criteria. If the State rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.

Appears in 3 contracts

Samples: www.courts.ca.gov, www.courts.ca.gov, www.courts.ca.gov

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Acceptance of the Work. The AOC Judicial Council’s Project Manager (“Project Manager”) shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the StateJudicial Council, in accordance with direction from the Project Manager and as provided for in Exhibit D. Manager. The State Judicial Council shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The StateJudicial Council’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Attachment 1 to this Agreement, to notify the Contractor of the Work’s acceptability. If the State Judicial Council rejects the Work provided, the StateJudicial Council’s Project Manager shall submit to the Contractor a written rejection using Attachment 1, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Criteria. If the State Judicial Council rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the Project Manager requests further change, the Contractor shall meet with the Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the Judicial Council and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the StateJudicial Council’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOCJudicial Council, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOCJudicial Council, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State Judicial Council may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State Judicial Council may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.

Appears in 2 contracts

Samples: www.courts.ca.gov, www.courts.ca.gov

Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the StateJCC, in accordance with direction from the Project Manager and as provided for in Exhibit D. Manager. The State JCC shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Attachment 6 to this Agreement’s Exhibit G, Attachments, to notify the Contractor of the Work’s acceptability. If the State JCC rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection using Attachment 6, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Criteria. If the State JCC rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the Project Manager requests further change, the Contractor shall meet with the Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOCDirector, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOCDirector, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State JCC may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State JCC may terminate this Agreement pursuant to the terms of Standard Provisions paragraph section 3, as set forth in Exhibit A.A, Standard Provisions.

Appears in 1 contract

Samples: www.courts.ca.gov

Acceptance of the Work. The AOC Project Manager shall be responsible for the signAcceptance of the Work and Sign-off acceptance of all the Work Form (Exhibit F, Attachment 1) required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria Acceptance Criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the StateAOC, in accordance with direction from the Project Manager and as provided for in Exhibit D. Manager. The State AOC shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication to notify the Contractor of the Work’s acceptability. If the State AOC rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection using Acceptance of the Work and Sign-off Form (Exhibit F, Attachment 1), describing in detail the failure of the Work as measured against the Criteria. If the State AOC rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the Project Manager requests further change, the Contractor shall meet with the Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the AOC and a principal of the Contractor, as set forth in subparagraph F, below. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State AOC may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State AOC may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.above.

Appears in 1 contract

Samples: Agreement

Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance Acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the AOC Project Manager will apply the acceptance criteria Acceptance Criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the StateAOC, in accordance with direction from the AOC Project Manager and as provided for in Exhibit D. Manager. The State AOC shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s AOC Project Manager shall issue a written communication use the Acceptance and Sign-off Form, provided as Appendix B, to notify the Contractor of the Work’s acceptability. If the State AOC rejects the Work provided, the State’s AOC Project Manager shall submit to the Contractor a written rejection using Appendix B, describing in detail the failure of the Work as measured against the Criteria. If the State AOC rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the AOC Project Manager requests further change, the Contractor shall meet with the AOC Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the AOC and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the State’s AOC Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State AOC may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State AOC may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.A, Standard Provisions, paragraph 3.

Appears in 1 contract

Samples: www.courts.ca.gov

Acceptance of the Work. The AOC AOC’s Project Manager shall be responsible for the sign-off acceptance of all the Work required and performed and/or submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the The AOC’s Project Manager will apply the standards established in Exhibit D and the acceptance criteria set forth in subparagraph B of this provisionarticle, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings If the AOC’s Project Manager rejects the Work, the parties agree to any dispute(s) resulting from such rejection(s) will be resolved as set forth in this provisionarticle. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this AgreementAgreement include: Timeliness: The Work was delivered provided on time; according to schedule; Completeness: The Work contained the all of the, Data, Materials (including number of copies)Materials, and features required in by the Contract DocumentsAgreement; and Technical accuracy: The Work is accurate as measured against commonly complied with the standards of this Agreement, or, if this Agreement lacks a standard for provision of the Work, the currently generally accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the State, in accordance with direction from the AOC’s Project Manager and as provided for in Exhibit D. The State AOC’s Project Manager shall accept the Work, provided the that Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication to notify the Contractor of the Work’s acceptability. If the State rejects the Work provided, the StateAOC’s Project Manager shall submit to the Contractor Contractor’s Project Manager a written rejection describing in detail the failure of the Work as measured against the Criteria. If the State rejects the Work, then the Contractor shall have a period of ten (10) business days Business Days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A..

Appears in 1 contract

Samples: Agreement Coversheet Agreement

Acceptance of the Work. The AOC State’s Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the State’s Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the State, in accordance with direction from the State’s Project Manager and as provided for in Exhibit D. Manager. The State shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Attachment __ in Exhibit ___ of this Agreement, to notify the Contractor of the Work’s acceptability. If the State rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection using Attachment __, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Criteria. If the State rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the State’s Project Manager requests further change, the Contractor shall meet with the State’s Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the AOC and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.A. Termination does not relieve the State of liability for wrongfully rejected Work. The State’s acceptance of the Work shall not relieve the Contractor from its responsibility for the Work. The State’s acceptance shall not be deemed to be a waiver of its rights should any claims arise from the performance of the Contractor’s Work.

Appears in 1 contract

Samples: www.courts.ca.gov

Acceptance of the Work. The AOC State’s Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Master Agreement. Prior to approval of the Work and prior to approval for payment, the State’s Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Master Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the State, in accordance with direction from the State’s Project Manager and as provided for in Exhibit D. Manager. The State shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Attachment 1 in Exhibit F of this Master Agreement, to notify the Contractor of the Work’s acceptability. If the State rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection using Attachment 1, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Criteria. If the State rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the State’s Project Manager requests further change, the Contractor shall confer with the State’s Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the AOC and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State may terminate this Master Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.A. Termination does not relieve the State of liability for wrongfully rejected Work. The State’s acceptance of the Work shall not relieve the Contractor from its responsibility for the Work. The State’s acceptance shall not be deemed to be a waiver of its rights should any claims arise from the performance of the Contractor’s Work.

Appears in 1 contract

Samples: www.courts.ca.gov

Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the State, in accordance with direction from the Project Manager and as provided for in Exhibit D. Manager. The State shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Attachment 1 to this Agreement, to notify the Contractor of the Work’s acceptability. If the State rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection using Attachment 1, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Criteria. If the State rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the Project Manager requests further change, the Contractor shall meet with the Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the AOC and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in the Default and Remedies provision of this Exhibit A.C.

Appears in 1 contract

Samples: www.courts.ca.gov

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Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the StateJudicial Council, in accordance with direction from the Project Manager and as provided for in Exhibit D. Manager. The State Judicial Council shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The StateJudicial Council’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Exhibit E, Attachment 1 to this Agreement, to notify the Contractor of the Work’s acceptability. If the State Judicial Council rejects the Work provided, the StateJudicial Council’s Project Manager shall submit to the Contractor a written rejection using Exhibit E, Attachment 1, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Criteria. If the State Judicial Council rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the Project Manager requests further change, the Contractor shall meet with the Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the Courts and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the StateJudicial Council’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, Courts (or its designee), shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOCCourts (or designee), or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, Director of the Courts (or its designee), in the reasonable time established by the Administrative DirectorDirector of the Courts, the State Judicial Council may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State Judicial Council may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.A. Standard of Professionalism The Contractor shall conduct all work consistent with professional standards for the industry and type of work being performed under the Agreement.

Appears in 1 contract

Samples: Agreement

Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard), and concepts are presented logically and clearly. The Contractor shall provide the Work to the StateAOC, in accordance with direction from the Project Manager and as provided for in Exhibit D. Manager. The State AOC shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Attachment 1 to this Agreement’s Exhibit F, Attachments, to notify the Contractor of the Work’s acceptability. If the State AOC rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection using Attachment 1, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Criteria. If the State AOC rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the Project Manager requests further change, the Contractor shall meet with the Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the AOC and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State AOC may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State AOC may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.

Appears in 1 contract

Samples: www.courts.ca.gov

Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance Acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of a Milestone Payment associated with the Work and prior necessary to approval for paymentprovide a Deliverable, the Project Manager will apply the acceptance criteria Acceptance Criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings Rejection of any Work will be resolved as set forth in this provision. Acceptance Criteria for Work The acceptance criteria (“Acceptance Criteria”) for the Work to be provided by the Contractor pursuant to this AgreementAgreement include the following: Timeliness: The Work was delivered on time; Completeness: The Work contained provides the Data, Materials Materials, functionality and (including number of copies)if any) performance characteristics required by this Contract, is in accordance with the AOC Business Requirements and features required any specific testing criteria set forth in or established pursuant to the Contract Documentstesting plans specified in Exhibit D; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard); and Conformity to any other requirements given in the Statement of Work. The Contractor shall provide the Work to the State, in accordance with direction from the Project Manager and as provided for in Exhibit D. Manager. The State shall accept the Work, provided the Contractor has delivered the Work in accordance with the Acceptance Criteria. The State’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Attachment 1 to this Agreement, to notify the Contractor of the Work’s acceptability. If the State rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection using Attachment 1, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Acceptance Criteria. If the State rejects the Work, then the Contractor shall have a period of at least ten (10) business days days, or such other longer period that the State’s Project Manager may in writing agree to, from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Acceptance Criteria. If agreement cannot be reached between Contractor has failed to correct the Work within the time period established, the AOC Project Manager will, within three (3) business days, meet with the Contractor’s Project Manager and set an additional allowable period for the final submission of the corrected Work. Contractor shall have a period of at least three (3) business days, or such other longer period that the State’s Project Manager may in writing agree to, from the date of the meeting to correct the failure(s) to conform to the Acceptance Criteria. . If the State still rejects the Work, or Contractor disputes such rejection, and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement dispute cannot be reachedresolved in accordance with the provisions of Exhibit B, in the reasonable judgment of the Administrative Director of the AOCArticle 37, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director1.1.4, the State may reject shall have the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State may right to terminate this Agreement pursuant to the terms of Standard Provisions paragraph Article 3, as set forth in Exhibit A.A. Suspend Work The State may, at any time, deliver a Suspend Work Order requiring the Contractor to suspend Work in accordance with the Order, for the period set forth in the Order that the State determines appropriate for the convenience of the State, and/or for any further period to which the parties may agree. The State will not suspend Work pursuant to this provision for an initial period longer than one (1) week without entering into an Amendment to this Agreement with the Contractor. Upon receipt of the Suspend Work Order, the Contractor shall immediately comply with its terms and take all commercially reasonable steps to minimize the incurrence of costs allocable to the Work covered by the Suspend Work Order during the period of Work suspension. Within a period specified in the Suspend Work Order, or within any extension of that period, the State shall either: Cancel the Suspend Work Order; or Terminate the Work covered by the Suspend Work Order as provided for in the termination provisions of this Agreement. If a Suspend Work Order issued under this provision is canceled or the period of the Suspend Work Order or any extension thereof expires, the Contractor shall resume Work. The State shall not be liable to the Contractor for loss of profits or indirect or consequential damages because of the Suspend Work Order issued under this provision.

Appears in 1 contract

Samples: Standard Agreement

Acceptance of the Work. The AOC Judicial Council’s Project Manager (“Project Manager”) shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies)Materials, and features required in the Contract DocumentsContract; and Technical accuracyAccuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the StateJudicial Council, in accordance with direction from the Project Manager and as provided for in Exhibit D. Manager. The State Judicial Council shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The StateJudicial Council’s Project Manager shall issue a written communication use the Acceptance and Signoff Form, provided as Attachment 1 to this Agreement, to notify the Contractor of the Work’s acceptability. If the State Judicial Council rejects the Work provided, the StateJudicial Council’s Project Manager shall submit to the Contractor a written rejection using Attachment 1, the Acceptance and Signoff Form, describing in detail the failure of the Work as measured against the Criteria. If the State Judicial Council rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If the Project Manager requests further change, the Contractor shall meet with the Project Manager, within three (3) business days of such request, to discuss changes for the final submission of the Work. The Contractor shall provide the Work within three (3) business days after this meeting, at which time the Work will be accepted or the question of its acceptability referred to the Administrative Director of the Judicial Council and a principal of the Contractor, as set forth in subparagraph F below. If agreement cannot be reached between the StateJudicial Council’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOCJudicial Council, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOCJudicial Council, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State Judicial Council may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State Judicial Council may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A.

Appears in 1 contract

Samples: www.courts.ca.gov

Acceptance of the Work. When the Contractor considers the Work complete, the Contractor shall request a final inspection by the AOC. The Contractor shall request this final inspection only when all Work, including deficient items identified on previous inspections, has been completed. The AOC Project Manager shall be responsible will conduct a final inspection within 14 days of receipt of written request from the Contractor for final inspection. If, after the sign-off acceptance of all inspection, the AOC determines that the Work required and submitted pursuant to this Agreement. Prior to approval is complete, the AOC will determine the date of the completion of the Work and prior to approval for payment, recommend that the Project Manager will apply Director accept the acceptance criteria set forth in subparagraph B Work within 60 days after the date of this provision, as appropriate, to determine Completion of the acceptability Work. Upon Acceptance of the Work provided by the Contractor. Unsatisfactory ratings Director: The Retention held by the AOC will be resolved released, and The Contractor will be relieved of the duty of maintaining and protecting the Work. If the AOC determines that the Work is not complete, the Contractor will be notified in writing of deficiencies. After correcting all deficiencies the Contractor shall again initiate the procedures for final inspection as set forth in this provisionabove. Determination by the AOC that the Work is complete or Acceptance Criteria for of the Work (“Criteria”) provided by will not bar any Claim against the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies), and features required in the Contract Documents; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the State, in accordance with direction from the Project Manager and as provided for in Exhibit D. The State shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication to notify the Contractor of the Work’s acceptability. If the State rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection describing in detail the failure of the Work as measured against the Criteria. If the State rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doingParagraph 3.5. Upon rejection Acceptance of the Work, the State may terminate this Agreement pursuant AOC will submit a final statement to the terms Contractor: The final statement shall take into account the Contract Sum as adjusted by any Change Orders, amounts already paid to the Contractor, sums to be withheld for incomplete Work, stop notices, and for any other cause under the Contract. If the Contractor owes any amount to the AOC, the final statement shall serve as an invoice to the Contractor. The Contractor has 30 days after receipt of Standard Provisions paragraph 3, as the final statement to file a Claim with the AOC. All Claims shall comply with the requirements of Subparagraph 9.1.2. Failure to file a Claim within the 30 day period constitutes a failure to diligently pursue and exhaust the required administrative procedures set forth in Exhibit A.the Contract. Such failure shall constitute waiver of additional rights to compensation under the Contract or the right to request Equitable Adjustment. If the Contractor does not file a Claim within the 30 day period, the final warrant made by the AOC will become a complete and final settlement between the AOC and the Contractor. FINAL PAYMENT After Acceptance of the Work, and upon receipt of final statement from the AOC, Contractor will invoice the AOC for any sum due the Contractor including released Retention. Contractor shall provide the AOC unconditional lien and stop notices release for Contractor, all Subcontractors and Sub-subcontractor covering all labor, materials, and equipment for which a lien or stop notice could be filed when submitting Contractor’s final statement invoice. For contracts where progress payments were not authorized, Contractor will invoice the AOC, and the AOC will pay the Contractor 100 percent of the Contract Sum after Acceptance of the Work and receipt by the AOC of unconditional lien and stop notices release for Contractor, all Subcontractors and Sub-subcontractor covering all labor, materials, and equipment for which a lien or stop notice could be filed. METHOD OF PAYMENT The AOC will make payment in arrears after receipt of the Contractor’s properly completed invoice. Invoices shall clearly indicate: The Contract number; A unique invoice number; The Contractor's name and address; Taxpayer identification number (the Contractor’s federal employer identification number); Description of the completed Work, in accordance with the Contractor’s Progress Schedule; The DVBE dollars expended, if DVBE commitments were made; The contractual charges, including the appropriate progress payment, if authorized; and, Preferred remittance address, if different from the mailing address. The Contractor shall submit one (1) original and two (2) copies of invoices to: the AOC Project Manager, identified in the Contract for Construction. Invoices not on printed xxxx heads shall be signed by the Contractor.

Appears in 1 contract

Samples: www.courts.ca.gov

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