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Section 7 – Prosecution of the Work

7-10 PROTECTION OF WORK, PERSONS AND PROPERTY

The Contractor shall protect the Work and materials from damage until completion and

acceptance of the Work. Neither the Agency nor any of its agents assume any responsibility for

collecting funds from any person or persons that damages the Contractor’s work.

The Contractor shall store materials and equipment in accordance with manufacturer’s

recommendations and erect such temporary structures as required to protect them from

The Contractor shall furnish guards, fences, warning signs, walks, and lights, and shall take

all other necessary precautions to prevent damage or injury to persons or property.

7-11 PROOF OF COMPLIANCE WITH CONTRACT

When requested by the Agency, the Contractor shall submit properly authenticated proof of

the Contractor’s compliance with the Contract.

The Contractor shall provide notification to the Agency for any delays, in accordance with

Section 7-13, “Notice of Delays”, in this Section of these Specifications.

7-12.01 Avoidable Delays

The Contractor shall not receive any time extensions or compensation for avoidable delays.

Avoidable delays include, but are not limited to, the following:

1. Delays that affect only a portion of the work but do not prevent or delay the

prosecution of controlling items of work nor the completion of the whole Work within

2. Delays associated with the reasonable interference of other contractors employed by

the Agency that do not necessarily prevent or delay the prosecution of controlling

items of work or the completion of the whole Work within the Contract Time.

3. Delays associated with loss of time resulting from the necessity of submitting plans

for Agency approval or from Agency surveys, measurements, inspections, and

4. Delays that could have been avoided by the exercise of care, prudence, foresight,

and diligence on the part of the Contractor or Subcontractors.

5. Any curtailment of the Contractor’s operations due to any action of the Sacramento

Metropolitan Air Quality Management District.

7-12.02 Unavoidable Delays

The Contractor may be granted an extension of Contract time for delays that are determined

to be beyond the control of the Contractor, impact a controlling item of work, and could not be

prevented by the exercise of care, prudence, foresight, and diligence. Unavoidable delays may

include Agency acts, acts of God or of the public enemy, fire, floods, epidemics, and strikes.

Material shortages and delays in utility company relocations may be classified as unavoidable if

the Contractor produces satisfactory evidence of acting in a timely manner.

1. The Contractor shall not receive any additional compensation due to inclement or

unsuitable weather or conditions resulting therefrom, acts of God or of the public

enemy, fire, floods, epidemics, strikes, material shortages, or utility relocations.

2. The Contractor may be entitled to additional compensation for unavoidable delays

the Agency determined resulted from an Agency act or the discovery of cultural