Common use of PROGRESS OF WORK Clause in Contracts

PROGRESS OF WORK. 10.01. Unless otherwise specifically provided, the Contractor shall prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conducive to the economy of the Project; provided, however, that the order and time of prosecution shall be such that the Project shall be Substantially Completed in accordance with this Contract, the plans and specifications, and within the time of completion designated in the schedules agreed upon by the parties. 10.02. Further, the parties shall be subject to the following: (a) The Contractor shall submit a progress schedule and payment schedule of the work contemplated by this Contract at the initial post-Contract award meeting and subsequent meetings. (b) City's Representative shall be entitled to make objections to the Contractor's schedule submitted herein. The Contractor shall promptly resubmit a revised schedule to City's Representative. (c) The Project Superintendent/Manager shall coordinate its activities with City's Representative. If required by the City, the Contractor shall provide a weekly schedule of planned activities, which may be reviewed on a daily basis. (d) The Contractor shall submit, at such time as may reasonably be requested by City's Representative, additional schedules that shall list the order in which the Contractor proposes to carry on the work with dates at which the Contractor will start the several parts of the work and the estimated dates of completion of the several parts. (e) The Contractor shall attend additional meetings called by City's Representative upon twenty-four (24) hours written notice unless otherwise agreed in writing by the parties. (f) When the City is having other work done, either by agreement or by its own force, City's Representative may direct the time and manner of work done under this Contract so that conflicts will be avoided and the various work being done by and for the City shall be coordinated. (g) In the event that it is determined by the City that the progress of the work is not in accordance with the approved progress and payment schedule, the City may so inform the Contractor and require the Contractor to take such action as is necessary to insure completion of the Project within the time specified. 10.03. The process of approving Contractor’s schedules and updates to Contractor’s schedules shall not constitute a warranty by the City that any non-Contractor milestones or activities will occur as set out in the Contractor’s schedules. Approval of a contractor’s schedules does not constitute a commitment by the City to furnish any City- furnished information or material any earlier than the City would otherwise be obligated to furnish that information or material under the Contract Documents. Failure of the Work to proceed in the sequence scheduled by Contractor shall not alone serve as the basis for a Claim for additional compensation or time. In the event there is interference with the Work which is beyond its control, Contractor shall attempt to reschedule the Work in a manner that will hold the additional time and costs beyond its control to a minimum. The Contractor shall monitor the progress of the Work for conformance with the requirements of the construction schedules and shall promptly advise the City of any delays or potential delays. In the event any schedule indicates any delays, the Contractor shall propose an affirmative plan to correct the delay. In no event shall any schedule constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to a written Change Order.

Appears in 1 contract

Sources: Construction Agreement

PROGRESS OF WORK. 10.01. Unless otherwise specifically provided, the Contractor shall prosecute its work at such time and sessions, in such order of precedence, and in such manner as The Construction Schedule shall be most conducive in a detailed precedence-style critical path method (“CPM”) or primavera-type format satisfactory to the economy City and the Consultant. The Construction Schedule shall also (i) provide a graphic representation of all activities and events that will occur during performance of the ProjectWork; provided, however, (ii) identify each phase of construction and occupancy; and (iii) set forth dates that are critical in ensuring the order timely and time orderly completion of prosecution shall be such that the Project shall be Substantially Completed Work in accordance with this Contractthe requirements of the Contract Documents (hereinafter referred to as “Milestone Dates”). If not accepted, the plans and specifications, and within the time of completion designated in the schedules agreed upon Construction Schedule shall be promptly revised by the partiesContractor in accordance with the recommendations of the City and Consultant and resubmitted for acceptance. 10.02. Further, the parties shall be subject to the following: (a) The Contractor shall submit a progress schedule Construction Schedule and payment schedule of the work contemplated by this Contract values at the initial post-Contract post- agreement award meeting and subsequent meetings. (b) City's Representative shall be entitled to make objections to the Contractor's schedule Construction Schedule submitted herein. The Contractor shall promptly resubmit a revised schedule Construction Schedule to City's Representative. (c) The Project Superintendent/Manager shall coordinate its activities with City's Representative. If required by the City, the Contractor shall provide a weekly schedule of planned activities, which may be reviewed on a daily basis. (d) The Contractor shall submit, at such time as may reasonably be requested by City's Representative, additional schedules that shall list the order in which the Contractor proposes to carry on the work Work with dates at which the Contractor will start the several parts of the work Work and the estimated dates of completion of the several parts. (e) The Contractor shall attend additional meetings called by City's Representative upon twenty-four (24) hours written notice unless otherwise agreed in writing by the parties. (f) When the City is having other work done, either by agreement or by its own force, City's Representative may direct the time and manner of work done under this Contract so that conflicts will be avoided and the various work being done by and for the City shall be coordinated. (g) In the event that it is determined by the City that the progress of the work is not in accordance with the approved progress and payment schedule, the City may so inform the Contractor and require the Contractor to take such action as is necessary to insure completion of the Project within the time specified. 10.03. The process of approving Contractor’s schedules and updates to Contractor’s schedules shall not constitute a warranty by the City that any non-Contractor milestones or activities will occur as set out in the Contractor’s schedules. Approval of a contractor’s schedules does not constitute a commitment by the City to furnish any City- furnished information or material any earlier than the City would otherwise be obligated to furnish that information or material under the Contract Documents. Failure of the Work to proceed in the sequence scheduled by Contractor shall not alone serve as the basis for a Claim for additional compensation or time. In the event there is interference with the Work which is beyond its control, Contractor shall attempt to reschedule the Work in a manner that will hold the additional time and costs beyond its control to a minimum. The Contractor shall monitor the progress of the Work for conformance with the requirements of the construction schedules and shall promptly advise the City of any delays or potential delays. In the event any schedule indicates any delays, the Contractor shall propose an affirmative plan to correct the delay. In no event shall any schedule constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to a written Change Order.four

Appears in 1 contract

Sources: Construction Agreement

PROGRESS OF WORK. 10.01. Unless otherwise specifically provided, the Contractor shall prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conducive to the economy of the Project; provided, however, that the order and time of prosecution shall be such that the Project shall be Substantially Completed in accordance with this ContractAgreement, the plans and specifications, and within the time of completion designated in the schedules agreed upon by the parties. 10.02. Further, the parties shall be subject to the following: (a) The Contractor shall submit a progress schedule and payment schedule of the work contemplated by this Contract at the initial post-Contract award meeting and subsequent meetings. (b) City's Representative shall be entitled to make objections to the Contractor's schedule submitted herein. The Contractor shall promptly resubmit a revised schedule to City's Representative. (c) The Project Superintendent/Manager shall coordinate its activities with City's Representative. If required by the City, the Contractor shall provide a weekly schedule of planned activities, which may be reviewed on a daily basis. (d) The Contractor shall submit, at such time as may reasonably be requested by City's Representative, additional schedules that shall list the order in which the Contractor proposes to carry on the work with dates at which the Contractor will start the several parts of the work and the estimated dates of completion of the several parts. (e) The Contractor shall attend additional meetings called by City's Representative upon twenty-four (24) hours written notice unless otherwise agreed in writing by the parties. (fc) When the City is having other work done, either by agreement or by its own force, City's Representative may direct the time and manner of work done under this Contract Agreement so that conflicts will be avoided and the various work being done by and for the City shall be coordinated. (gd) In the event that it is determined by the City that the progress of the work is not in accordance with the approved progress and payment schedule, the City may so inform the Contractor and require the Contractor to take such action as is necessary to insure completion of the Project within the time specified. 10.03. The process of approving Contractor’s schedules and updates to Contractor’s schedules shall not constitute a warranty by the City that any non-Contractor milestones or activities will occur as set out in the Contractor’s schedules. Approval of a contractor’s schedules does not constitute a commitment by the City to furnish any City- City-furnished information or material any earlier than the City would otherwise be obligated to furnish that information or material under the Contract Documents. Failure of the Work to proceed in the sequence scheduled by Contractor shall not alone serve as the basis for a Claim for additional compensation or time. In the event there is interference with the Work which is beyond its control, Contractor shall attempt to reschedule the Work in a manner that will hold the additional time and costs beyond its control to a minimum. The Contractor shall monitor the progress of the Work for conformance with the requirements of the construction schedules and shall promptly advise the City of any delays or potential delays. In the event any schedule indicates any delays, the Contractor shall propose an affirmative plan to correct the delay. In no event shall any schedule constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to a written Change Order.

Appears in 1 contract

Sources: Construction Agreement

PROGRESS OF WORK. 10.01. Unless otherwise specifically provided, the Contractor shall prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conducive to the economy of the Project; provided, however, that the order and time of prosecution shall be such that the Project shall be Substantially Completed in accordance with this ContractAgreement, the plans and specifications, and within the time of completion designated in the schedules agreed upon by the parties. 10.02. Further, the parties shall be subject to the following: (a) The Contractor shall submit a progress schedule and payment schedule of the work contemplated by this Contract Agreement at the initial post-Contract agreement award meeting and subsequent meetings. (b) City's Representative shall be entitled to make objections to the Contractor's schedule submitted herein. The Contractor shall promptly resubmit a revised schedule to City's Representative. (c) The Project Superintendent/Manager shall coordinate its activities with City's Representative. If required by the City, the Contractor shall provide a weekly schedule of planned activities, which may be reviewed on a daily basis. (d) The Contractor shall submit, at such time as may reasonably be requested by City's Representative, additional schedules that shall list the order in which the Contractor proposes to carry on the work with dates at which the Contractor will start the several parts of the work and the estimated dates of completion of the several parts. (e) The Contractor shall attend additional meetings called by City's Representative upon twenty-four (24) hours written notice unless otherwise agreed in writing by the parties.. DocuSign Envelope ID: E664D4D2-A1BE-40E6-B775-B52337A89F46 DocuSign Envelope ID: 99F4B787-66E4-4283-BCC4-387B27DE8B50 (f) When the City is having other work done, either by agreement or by its own force, City's Representative may direct the time and manner of work done under this Contract Agreement so that conflicts will be avoided and the various work being done by and for the City shall be coordinated. (g) In the event that it is determined by the City that the progress of the work is not in accordance with the approved progress and payment schedule, the City may so inform the Contractor and require the Contractor to take such action as is necessary to insure completion of the Project within the time specified. 10.03. The process of approving Contractor’s schedules and updates to Contractor’s schedules shall not constitute a warranty by the City that any non-Contractor milestones or activities will occur as set out in the Contractor’s schedules. Approval of a contractor’s schedules does not constitute a commitment by the City to furnish any City- furnished information or material any earlier than the City would otherwise be obligated to furnish that information or material under the Contract Documents. Failure of the Work to proceed in the sequence scheduled by Contractor shall not alone serve as the basis for a Claim for additional compensation or time. In the event there is interference with the Work which is beyond its control, Contractor shall attempt to reschedule the Work in a manner that will hold the additional time and costs beyond its control to a minimum. The Contractor shall monitor the progress of the Work for conformance with the requirements of the construction schedules and shall promptly advise the City of any delays or potential delays. In the event any schedule indicates any delays, the Contractor shall propose an affirmative plan to correct the delay. In no event shall any schedule constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to a written Change Order.

Appears in 1 contract

Sources: Construction Agreement