Common use of PROSECUTION AND PROGRESS Clause in Contracts

PROSECUTION AND PROGRESS. 107.01 Subcontracting of Contract Work A schedule of DBE participation shall accompany each application for payment. That schedule shall list the participation by all Subcontractors for the individual payment period and the Project to date. The Contractor shall provide the Chief Executive Officer, Director of Human Relations and the County Commission with immediate notice when a Subcontractor who is a part of the Contractor’s affirmative action DBE commitment is terminated or substantially displaced by a Subcontractor who is not qualified. The individuals designated in the notice requirement in Subsection 106.04, titled “Notices” shall also be advised. The Contractor shall not Subcontract any portion of the Contract or of the Work provided therein, except the furnishing of necessary materials, without the written consent of the County of Xxxxx through its Engineer. Such consent shall not in any way relieve the Contractor of full responsibility for the performance of the Contract. Contractor will not assign or in any manner transfer this Contract, or any part or parts hereof, or interest herein, or subcontract for any Work, equipment or operations without the prior, written consent of the County. Any unauthorized assignment or transfer will be considered a breach of this Contract and result in the cancellation of the Contract at the County's discretion. If the Contract is not canceled, the assignment shall be deemed null and void. Consent by the County to one or more assignments of this Contract will not operate to exhaust the County's rights under this Section. The sale of fifty percent (50%) or more of the capital stock of the Contractor (if the Contractor is a corporation having less than ten (10) shareholders) will constitute an assignment of this Contract within the meaning of this Section. If the amount of the subcontract or the nature of the Work to be performed thereunder warrants, the County may require the Subcontractor to furnish, for the benefit of the Contractor, bonds in an amount proportioned to the amount of his subcontract, and for the same purpose and under the same Specifications as those of the general Contract. The Surety on the general Contract shall not be eligible to furnish such subcontract bonds. The County of Xxxxx reserves the right to remove forthwith from the job any Subcontractor or his equipment operating in violation of these requirements, and any costs or damages thereby incurred are assumed by the Contractor. It is further understood that the Contractor's responsibilities in the performance of his Contract, in case of an approved subcontracting, are the same as if he had handled the Work directly. The Subcontractor shall not begin Work until he has been approved by the Engineer and has had his Subcontract with the Prime Contractor executed in a form acceptable to the County. Approval of the subcontracting of any portion of the Work will not be given unless and until it is determined that the Subcontractor is qualified to Bid on Work of the type, magnitude, and scope proposed.

Appears in 3 contracts

Samples: Construction Contract, Agreement, Agreement

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PROSECUTION AND PROGRESS. 107.01 Subcontracting of Contract Work A schedule of DBE participation shall accompany each application for payment. That schedule shall list the participation by all Subcontractors for the individual payment period and the Project to date. The Contractor shall provide the Chief Executive Officer, Director of Human Relations and the County Commission with immediate notice when a Subcontractor who is a part of the Contractor’s affirmative action DBE commitment is terminated or substantially displaced by a Subcontractor who is not qualified. The individuals designated in the notice requirement in Subsection 106.04, titled “Notices” shall also be advised. The Contractor shall not Subcontract any portion of the Contract or of the Work provided therein, except the furnishing of necessary materials, without the written consent of the County of Xxxxx through its EngineerDirector of Community Development. Such consent shall not in any way relieve the Contractor of full responsibility for the performance of the Contract. Contractor will not assign or in any manner transfer this Contract, or any part or parts hereof, or interest herein, or subcontract for any Work, equipment or operations without the prior, written consent of the County. Any unauthorized assignment or transfer will be considered a breach of this Contract and result in the cancellation of the Contract at the County's discretion. If the Contract is not canceled, the assignment shall be deemed null and void. Consent by the County to one or more assignments of this Contract will not operate to exhaust the County's rights under this Section. The sale of fifty percent (50%) or more of the capital stock of the Contractor (if the Contractor is a corporation having less than ten (10) shareholders) will constitute an assignment of this Contract within the meaning of this Section. If the amount of the subcontract or the nature of the Work to be performed thereunder warrants, the County may require the Subcontractor to furnish, for the benefit of the Contractor, bonds in an amount proportioned to the amount of his subcontract, and for the same purpose and under the same Specifications as those of the general Contract. The Surety on the general Contract shall not be eligible to furnish such subcontract bonds. The County of Xxxxx reserves the right to remove forthwith from the job any Subcontractor or his equipment operating in violation of these requirements, and any costs or damages thereby incurred are assumed by the Contractor. It is further understood that the Contractor's responsibilities in the performance of his Contract, in case of an approved subcontracting, are the same as if he had handled the Work directly. The Subcontractor shall not begin Work until he has been approved by the Engineer Director of Community Development and has had his Subcontract with the Prime Contractor executed in a form acceptable to the County. Approval of the subcontracting of any portion of the Work will not be given unless and until it is determined that the Subcontractor is qualified to Bid on Work of the type, magnitude, and scope proposed.

Appears in 1 contract

Samples: Agreement

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