Common use of Performance of the Work Clause in Contracts

Performance of the Work. (a) Within fourteen (14) calendar days after being awarded the Contract, the Contractor shall prepare and submit for the City's approval (1) a Construction Schedule for the Work in a bar chart format which Construction Schedule shall indicate the dates for starting and completing the work. (b) Completion of the Work in accordance with the time limits set forth in the Construction Schedule is an essential condition of this Contract. If the Contractor fails to complete the Work in accordance with the Construction Schedule, unless the delay is excusable under the provisions of Article VI hereof, the Contractor shall pay the City as liquidated damages and not as a penalty, the sum of $ 500.00 for each calendar day the Contractor fails to comply with the Construction Schedule. The total amount so payable to the City as liquidated damages may be deducted from any sums due or to become due to Contractor from City. (c) After Commencement of the Work, and until final completion of the Work, the Contractor shall report to the City as such intervals as the City may reasonably direct, the actual progress of the work compared to the Construction Schedule. If the Contractor falls behind the Construction Schedule for any reason, he shall promptly take, and cause his Subcontractors to take, such action as is necessary to remedy the delay, and shall submit promptly to the City for approval a supplementary schedule or progress chart demonstrating the manner in which the delay will be remedied; provided, however, that if the delay is excusable under Article VI hereof, the Contractor will not be required to take, or cause his Subcontractors to take, any action which would increase the overall cost of the Work (whether through overtime premium pay or otherwise), unless the City shall have agreed in writing to reimburse the Contractor for such increase in cost. Any increase in cost incurred in remedying a delay which is not excusable under Article VI hereof shall be borne by the Contractor.

Appears in 4 contracts

Sources: City Contractor Agreement, City Contractor Agreement, City Contractor Agreement

Performance of the Work. (a) Within fourteen (14) calendar days after being awarded The contractor shall be responsible for all work under this contract whether performed by the Contract, contractor or a subcontractor. The contractor shall provide the name of a competent and reliable superintendent who at all times shall have the full authority to act on behalf of the contractor. Contractor shall prepare not commence work until a Notice to Proceed has been issued by the City of Des ▇▇▇▇▇. Such notice to proceed will not be issued until the city has received and submit for the City's approval (1) a Construction Schedule for the Work in a bar chart format which Construction Schedule shall indicate the dates for starting and completing the work. (b) Completion of the Work in accordance with the time limits set forth approved all documents required in the Construction Schedule is an essential condition of this Contractgeneral terms and conditions including construction schedule, traffic plan, staging plan, Insurance Certificate and required Performance and Payment Bonds. If the Contractor fails to complete the Work in accordance with the Construction Schedule, unless the delay is excusable under the provisions of Article VI hereof, the Contractor shall pay the City as liquidated damages and not as a penalty, the sum of $ 500.00 for each calendar day the Contractor fails to comply with the Construction Schedule. The total amount so payable to the City as liquidated damages may be deducted from any sums due or to become due to Contractor from City. (c) After Commencement of the Work, and until final completion commencement of the Work, the work shall proceed continuously unless otherwise provided for in the approved scheudle. The Contractor shall report to the City as such intervals as the City may reasonably direct, the actual progress of the work Work compared to the Construction Schedule. If the Contractor falls behind the Construction Schedule for any reason, he shall promptly take, and cause his Subcontractors to take, such action as is necessary to remedy the delay, and shall submit promptly to the City for approval a supplementary schedule or progress chart demonstrating the manner in which the delay will be remedied; provided, however, that if the delay is excusable under Article VI hereof, the Contractor will not be required to take, or cause his Subcontractors to take, any action which would increase the overall cost of the Work (whether through overtime premium pay or otherwise), unless the City shall have agreed in writing to reimburse the Contractor for such increase in cost. Any increase in cost incurred in remedying a delay which is not excusable under Article VI IV hereof shall be borne by the Contractor. Nothing herein shall be construed as placing the work under the specific direction or control of the City or relieve the Contractor from his responsibility or liability under this contract. The Contractor shall be solely responsible for the method, manner and means by which he or his subcontractors perform their work including, but not limited to, the supervision and control of personnel, scheduling of the work and in exercising due care to prevent bodily injury to employee or the general public and damage to property in prosecution of this work.

Appears in 2 contracts

Sources: Construction Agreement, Construction Agreement

Performance of the Work. (a) Within fourteen (14) 10 calendar days after being awarded the Contract, the Contractor shall prepare and submit for the City's approval Owner’s approval, (1) a construction schedule (“Construction Schedule for the Work in a bar chart format Schedule”) which Construction Schedule shall indicate the dates for starting and completing the workWork. (b) Completion of the Work in accordance with the time limits set forth in the Construction Schedule is an essential condition of this the Contract. If the Contractor fails to complete the Work in accordance with the Construction Schedule, unless the delay is excusable under the provisions of Article VI hereof, the Contractor shall pay the City Owner as liquidated damages and not as a penalty, the sum of $ 500.00 $200.00 for each calendar day the Contractor fails to comply with the Construction Schedule. The total amount so payable to the City Owner as liquidated damages may be deducted from any sums due or to become due to Contractor from CityOwner. (c) After Commencement commencement of the Work, and until final completion of the Work, the Contractor shall report to the City as Owner at such intervals as the City Owner may reasonably direct, the actual progress of the work Work compared to the Construction Schedule. If the Contractor falls behind the Construction Schedule for any reason, he Contractor shall promptly take, and cause his the Subcontractors to take, such action as is necessary to remedy the delay, and shall submit promptly to the City Owner for approval a supplementary schedule or progress chart demonstrating the manner in which the delay will be remedied; provided, however, that if the delay is excusable under Article VI hereof, the Contractor will not be required to take, or cause his the Subcontractors to take, any action which would increase the overall cost of the Work (whether through overtime premium pay or otherwise), unless the City Owner shall have agreed in writing to reimburse the Contractor for such increase in cost. Any increase in cost incurred in remedying a delay which is not excusable under Article VI hereof shall be borne by the Contractor.

Appears in 1 contract

Sources: Owner Contractor Agreement

Performance of the Work. (a) Within fourteen (14) calendar 10 days after being awarded the Contract, the Contractor shall prepare and submit for the CityEngineer's approval approval, (1) a Construction Schedule construction schedule for the Work in a bar chart format ▇▇▇▇▇ Chart format, which Construction Schedule schedule shall indicate the dates for starting and completing the workvarious stages of construction, and (2) a traffic control plan indicating the location of all proposed signage, detours, road closures, and temporary parking throughout the Project which adequately address the traffic control plan of the proposed Work. All traffic control shall be according to the standards of the latest edition of the Manual on Uniform Traffic Control Devices developed by the Federal Highway Administration. No Work will commence until the Contractor's schedule and traffic control plan is submitted and approved by the Engineer. (b) Completion of the Work in accordance with the time limits set forth in the Construction Schedule construction schedule is an essential condition of this the Contract. If the Contractor fails to complete the Work in accordance with the Construction Schedule, unless the delay is excusable under the provisions of Article VI hereof, the Contractor shall pay the City as liquidated damages and not as a penalty, the sum of $ 500.00 for each calendar day the Contractor fails to comply with the Construction Schedule. The total amount so payable to the City as liquidated damages may be deducted from any sums due or to become due to Contractor from City. (c) After Commencement commencement of the Work, and until final completion of the Work, the Contractor shall report to the City as Engineer at such intervals as the City Engineer may reasonably direct, the actual progress of the work Work compared to the Construction Scheduleconstruction schedule. If the Contractor falls behind the Construction Schedule construction schedule for any reason, he shall promptly take, and cause his Subcontractors subcontractors to take, such action as is necessary to remedy the delay, and shall submit promptly to the City Engineer for approval a supplementary schedule or progress chart demonstrating the manner in which the delay will be remedied; provided, however, that if the delay is excusable under Article VI hereof, the Contractor will not be required to take, or cause his Subcontractors subcontractors to take, any action which would increase the overall cost of the Work (whether through overtime premium pay or otherwise), unless the City Owner shall have agreed in writing to reimburse the Contractor for such increase in cost. Any increase in cost incurred in remedying a delay which is not excusable under Article VI hereof shall be borne by the Contractor.

Appears in 1 contract

Sources: Contract for Improvement Project

Performance of the Work. (a) Within fourteen seven (147) calendar days after being awarded the Contractselected, the Contractor shall prepare and submit for the City's approval (1) a Construction Schedule for the Work in a bar chart format which Construction Schedule shall indicate the dates for starting and completing the workvarious stages of construction. The Notice To Proceed shall be issued within 10 working days of the selection, however, no Work will commence until the Contractor's Construction Schedule is approved by the City. The Contractor shall be required to substantially finish portions of the Work as designated by the Director of Public Works prior to continuation of further Work remaining on the project. This may include backfilling, seeding, or cleanup as designated by the Director of Public Works. (b) Completion of the Work in accordance with the time limits set forth in the Construction Schedule is an essential condition of this Contractthe Agreement. If the Contractor fails to complete the Work in accordance with the Construction Schedule, unless the delay is excusable under the provisions of Article VI hereof, the Contractor shall pay the City City, as liquidated damages and not as a penalty, the sum of $ 500.00 $250.00 for each calendar day the Contractor fails to comply with the Construction Schedule. The total amount so payable to the City as liquidated damages may be deducted from any sums due or to become due to Contractor from City. (c) After Commencement of the Work, and until final completion of the Work, the Contractor shall report to the City as at such intervals as the City may reasonably direct, the actual progress of the work Work compared to the Construction Schedule. If the Contractor falls behind the Construction Schedule for any reason, he it shall promptly take, and cause his its Subcontractors to take, such action as is necessary to remedy the delay, and shall submit promptly to the City for approval a supplementary schedule or progress chart demonstrating the manner in which the delay will be remedied; provided, however, that if the delay is excusable under Article VI hereof, the Contractor will not be required to take, or cause his its Subcontractors to take, any action which would increase the overall cost of the Work (whether through overtime overtime, premium pay or otherwise), unless the City shall have agreed in writing to reimburse the Contractor for such increase in cost. Any increase in cost incurred in remedying a delay which is not excusable under Article VI hereof hereof, or is not approved in advance by the City, shall be borne by the Contractor.

Appears in 1 contract

Sources: Agreement for Removal and Disposal of Asbestos Containing Materials

Performance of the Work. (a) Within fourteen seven (147) calendar days after being awarded the Contractselected, the Contractor shall prepare and submit for the City's approval (1) a Construction Schedule for the Work in a bar chart format which Construction Schedule shall indicate the dates for starting and completing the workvarious stages of construction. The Notice To Proceed shall be issued within 10 working days of the selection, however, no Work will commence until the Contractor's Construction Schedule is submitted and approved by the City. (b) Completion of the Work in accordance with the time limits set forth in the Construction Schedule is an essential condition of this Contractthe Agreement. If the Contractor fails to complete the Work in accordance with the Construction Schedule, unless the delay is excusable under the provisions of Article VI hereof, the Contractor shall pay the City City, as liquidated damages and not as a penalty, the sum of $ 500.00 Two Hundred and Fifty Dollars ($250.00) for each calendar day the Contractor fails to comply with the Construction Schedule. The total amount so payable to the City as liquidated damages may be deducted from any sums due or to become due to Contractor from City. (c) After Commencement of the Work, and until final completion of the Work, the Contractor shall report to the City as at such intervals as the City may reasonably direct, the actual progress of the work Work compared to the Construction Schedule. If the Contractor falls behind the Construction Schedule for any reason, he it shall promptly take, and cause his its Subcontractors to take, such action as is necessary to remedy the delay, and shall submit promptly to the City for approval a supplementary schedule or progress chart demonstrating the manner in which the delay will be remedied; provided, however, that if the delay is excusable under Article VI hereof, the Contractor will not be required to take, or cause his its Subcontractors to take, any action which would increase the overall cost of the Work (whether through overtime overtime, premium pay or otherwise), unless the City shall have agreed in writing to reimburse the Contractor for such increase in cost. Any increase in cost incurred in remedying a delay which is not excusable under Article VI hereof hereof, or is not approved in advance by the City, shall be borne by the Contractor.

Appears in 1 contract

Sources: City Contractor Agreement