Common use of Prosecution of the Work Clause in Contracts

Prosecution of the Work. 3.1 Time is of the essence as to the prosecution of the Subcontractor's Work. If requested, the Subcontractor shall provide the Contractor with scheduling information and Subcontractor's proposed schedule for the Subcontractor's Work. The Contractor may prepare the Schedule of Work for the Project and, as may be necessary, revise the same as the Work progresses. The Subcontractor shall commence the Subcontractor's Work promptly within five days after the date of the notice to proceed. The Subcontractor shall commence, continue, and complete its performance of the Project in a prompt and diligent manner at such times, in such order, and in such manner, as directed by the Contractor or in accordance with the Schedule of Work without hindering the Work of the Contractor or any other subcontractor, and so as to insure completion as directed by the Contractor. Any time specified for the completion of this Agreement, or portion thereof, is a material provision of this Agreement. The Subcontractor shall proceed with the Subcontractor's Work, including all necessary submittals, mock-ups and deliveries, so as to progress and complete its Work in accordance with the Contractor’s most current Schedule of Work or as directed by the Contractor. Whenever, in the Contractor's judgment, the Subcontractor fails or is in danger of failing to maintain its part of the Schedule of the Work, Subcontractor shall, without additional compensation, work such overtime and/or additional shifts as the Contractor may direct. 3.2 The Subcontractor shall be responsible for and will prepare for performance of Subcontractor's Work, including, without limitation thereto, the submission of shop drawings, samples, tests, and field dimensions, determination of labor requirements and ordering of materials as required to meet the most current Schedule of Work or the direction of the Contractor. Subcontractor shall notify Contractor when portions of its Work are ready for inspection. 3.3 The Subcontractor will furnish periodic progress reports of the Subcontractor's Work as requested including the progress of materials or equipment to be provided under this Agreement that may be in the course of preparation or manufacture. Deliveries to the site must be prearranged on at least 24 hours notice, unless Subcontractor will be present to receive them. 3.4 The Subcontractor shall cooperate with the Contractor and subcontractors whose work may interfere with the Subcontractor's Work and participate in the preparation of coordinated drawings and work schedules in areas of congestion, specifically noting and advising the Contractor in writing of any interference by other contractors or subcontractors. 3.5 The Contractor shall not be obligated or liable to the Subcontractor for, and the Subcontractor hereby expressly waives any claims against the Contractor on account of, any damages, costs or expenses of any nature which the Subcontractor or its subcontractors may incur as a result of any delays, interferences, suspensions, changes in sequence or the like arising from or out of any act or omission of or attributed to the Contractor, the Owner or the Owner's representatives, it being understood and agreed that such delays, interferences, changes in sequence or the like are contemplated by the parties and that the Subcontractor's sole and exclusive remedy in such event shall be an extension of time, but only in accordance with the provisions of this Agreement and only to the extent an extension of time is actually allowed to the Contractor by the Owner or its representative under the terms of the Contractor's contract with the Owner. In addition, the Subcontractor expressly agrees not to make, and hereby waives, any claim for damages, including those resulting from increased supervision, labor or material cost, on account of any delay, obstruction or hindrance for any cause whatsoever, including but not limited to the aforesaid causes, and agrees that the sole right and remedy therefor shall be an extension of time and only to the extent an extension of time is actually allowed to the Contractor by the Owner or its representatives under the terms of the Contractor's contract with the Owner. 3.6 The Subcontractor shall keep the building and premises reasonably clean of debris resulting from the performance of Subcontractor's Work. In keeping the premises reasonably clear of debris, Subcontractor shall, at a minimum, provide (if contracted to do so) and maintain dumpsters and legally dispose of all debris off site. If the Subcontractor fails to comply with this paragraph within 24 hours after receipt of notice of noncompliance from the Contractor, the Contractor may perform such necessary clean-up and deduct the cost from any amounts due to the Subcontractor. 3.7 The Subcontractor shall give adequate notices pertaining to the Work of the Subcontractor to proper authorities and secure and pay for all necessary licenses and permits to carry on the Subcontractor's Work, the furnishing of which is required by the Contract Documents. 3.8 The Subcontractor shall comply with all Federal, State, and local laws, including without limitation, Labor laws, Social Security Laws and Unemployment Compensation Laws, Workers' Compensation Laws, Safety Laws and all other laws insofar as applicable to the performance of this Agreement. Subcontractor shall also maintain its own safety program for compliance with such laws. Subcontractor shall pay all benefit fund contributions, insurance premiums and all sales, use or other taxes, of whatever nature applicable to the performance of Subcontractor's Work. The Subcontractor shall abide by all applicable prevailing wage rate requirements and schedules applicable to its Work and any changes thereto during the course of the Work. The Subcontractor shall indemnify and save harmless the Contractor from all costs, damages, liabilities, penalties, legal expenses and attorney's fees and other charges to which the Contractor may be subjected by reason of the failure of the Subcontractor to comply with this Paragraph. 3.9 The Subcontractor shall not assign this Subcontract or the proceeds thereof nor subcontract any part of the Work to be performed hereunder without the prior written consent of the Contractor, with the exception of those subcontractors listed by the Subcontractor and furnished to the Contractor at the time this Agreement is executed. 3.10 The Subcontractor, upon twenty-four (24) hours notice, in person or by a duly authorized representative having power to act and acceptable to Contractor, shall attend, at its own expense, all meetings or conferences that the Owner, Architect/Engineer or Contractor may call, at the building site or elsewhere, for the purpose of discussing the progress of the Work, safety at the site, or ways to expedite the completion of the Project. 3.11 In prosecuting its Work, the Subcontractor shall protect the Work and property and shall abide by the following provisions: a. The Subcontractor shall continuously protect the Work. It shall also protect the Owner's and Contractor's property, and the property of others, from damage, injury or loss arising in connection with the Subcontractor’s Work under the Contract Documents. The Subcontractor shall make good any such damage, injury or loss, except such as may be solely due to errors in the Contract Documents or caused by agents or employees of the Owner or Architect/Engineer, or due to causes beyond the control of Subcontractor and not to its fault or negligence. b. The Subcontractor will remove all snow and ice as may be required for the proper protection and prosecution of its Work. The Subcontractor shall at all times provide and maintain adequate protection against weather so as to preserve its Work, materials, equipment, apparatus, and fixtures free from injury or damage, including mold. c. The Subcontractor shall employ only methods of constructing or erection, and hoists, rigging, forms, scaffolding, cribbing, tools, structures, etc., at the site of the Work which conform to OSHA regulations and local, State and Federal safety laws and codes. d. The Subcontractor shall confine its construction equipment, the storage or materials and the operations of workmen to the limits indicated by laws, ordinances, permits, and as may be established by the Contractor, and shall not unreasonably encumber the premises with construction equipment or materials. e. The Subcontractor shall enforce the Owner's and Contractor's instructions and all laws and regulations regarding signs, advertisements, fires, firearms and smoking and the presence of alcohol or drugs. f. The Subcontractor will prevent dust, fumes or smoke from its operations from violating any applicable specification, code or other legal requirement and from harming or interfering with the normal activities of others.

Prosecution of the Work. 3.1 Time is a. At or prior to the preconstruction conference, the Contractor shall furnish the name and location of the essence solid waste facilities to be utilized as to well as the prosecution fee structure of each of the Subcontractor's Workfacilities. If requested, Failure to provide such information shall make the Subcontractor Contractor ineligible for adjusted compensation as provided for in Subsection 104.07. b. The Contractor shall provide the Contractor with scheduling information and Subcontractor's proposed schedule for the Subcontractor's Work. The Contractor may prepare the Schedule of Work for the Project andsufficient materials, as may be necessary, revise the same as the Work progresses. The Subcontractor shall commence the Subcontractor's Work promptly within five days after the date of the notice to proceed. The Subcontractor shall commence, continueequipment, and complete its performance labor to guarantee the Completion of the Project in accordance with the Contract Documents and within the time set forth under Subsection 108.10. c. The Contractor shall supply the Engineer with a prompt weekly work schedule indicating the Contractor’s planned work, the subcontractor’s planned work, the dates when materials and diligent manner at such timessubmissions are to be delivered, and a forecast of lane closings. d. The Contractor shall notify the Engineer, in such orderwriting, prior to discontinuing work for any reason and at least 24 hours in such manneradvance of resuming operations. e. The Contractor shall arrange and prosecute the Work so that each successive construction operation at each location shall follow the preceding operation as closely as the requirements of the various types of construction permit. f. Underground structures for traffic signals, as directed except for pressure detector installations shall be constructed prior to completion of the intersecting road. g. Work, which closes or alters the use of existing roadways, shall not be undertaken until adequate provisions, conforming to the requirements of Section 617, have been made by the Contractor or and approved. h. The Engineer may revise stage construction and maintenance of traffic, if deemed necessary, by the Engineer due to unforeseen circumstances that may arise during construction. i. When possible, the construction of subsurface structures adjacent to traffic shall be performed while traffic is being diverted from such areas. If traffic must be maintained in accordance with the Schedule of Work without hindering such areas, the Work of the Contractor or any other subcontractorshall be done expeditiously in stages, as approved, and so as with minimum interference with traffic. j. Subsurface structure excavation adjacent to insure completion as directed traffic shall not remain open overnight unless adequately protected by the Contractor. Any time specified for the completion of this Agreement, or portion thereof, is a material provision of this Agreement. approved safety devices. k. The Subcontractor Contractor shall proceed with the Subcontractor's WorkWork of demolition of the various buildings that are identified with a demolition number as and when they become available for demolition. If any of the buildings to be demolished is not available for demolition at the time the Contractor begins work on the Project, including all necessary submittals, mock-ups and deliveries, so as to progress and complete the Contractor shall temporarily defer its Work in accordance with the Contractor’s most current Schedule of Work or as directed by the Contractor. Whenever, work in the Contractor's judgment, the Subcontractor fails or is in danger vicinity of failing to maintain its part of the Schedule of the Work, Subcontractor shall, without additional compensation, work such overtime and/or additional shifts as the Contractor may direct. 3.2 The Subcontractor shall be responsible for and will prepare for performance of Subcontractor's Work, including, without limitation thereto, the submission of shop drawings, samples, tests, and field dimensions, determination of labor requirements and ordering of materials as required to meet the most current Schedule of Work or the direction of the Contractor. Subcontractor shall notify Contractor when portions of its Work are ready for inspection. 3.3 The Subcontractor will furnish periodic progress reports of the Subcontractor's Work as requested including the progress of materials or equipment to be provided under this Agreement that may be in the course of preparation or manufacture. Deliveries to the site must be prearranged on at least 24 hours notice, unless Subcontractor will be present to receive them. 3.4 The Subcontractor shall cooperate with the Contractor and subcontractors whose work may interfere with the Subcontractor's Work and participate in the preparation of coordinated drawings and work schedules in areas of congestion, specifically noting and advising the Contractor in writing of any interference by other contractors or subcontractors. 3.5 The Contractor shall not be obligated or liable to the Subcontractor for, and the Subcontractor hereby expressly waives any claims against the Contractor on account of, any damages, costs or expenses of any nature which the Subcontractor or its subcontractors may incur as a result of any delays, interferences, suspensions, changes in sequence or the like arising from or out of any act or omission of or attributed to the Contractor, the Owner or the Owner's representatives, it being understood and agreed that such delays, interferences, changes in sequence or the like are contemplated by the parties and that the Subcontractor's sole and exclusive remedy in such event shall be an extension of time, but only in accordance with the provisions of this Agreement and only to the extent an extension of time is actually allowed to the Contractor by the Owner or its representative under the terms of the Contractor's contract with the Owner. In addition, the Subcontractor expressly agrees not to make, and hereby waives, any claim for damages, including those resulting from increased supervision, labor or material cost, on account of any delay, obstruction or hindrance for any cause whatsoever, including but not limited to the aforesaid causes, and agrees that the sole right and remedy therefor shall be an extension of time and only to the extent an extension of time is actually allowed to the Contractor by the Owner or its representatives under the terms of the Contractor's contract with the Owner. 3.6 The Subcontractor shall keep the building and premises reasonably clean of debris resulting from complete the performance of Subcontractor's Work. In keeping Work when the premises reasonably clear of debris, Subcontractor shall, at a minimum, provide (if contracted to do so) and maintain dumpsters and legally dispose of all debris off site. If the Subcontractor fails to comply with this paragraph within 24 hours after receipt of notice of noncompliance from the Contractor, the Contractor may perform such necessary clean-up and deduct the cost from any amounts due to the Subcontractorbuilding is made available for demolition. 3.7 The Subcontractor l. Operations adjacent to traffic shall give adequate notices pertaining be confined to the Work only one side of the Subcontractor to proper authorities and secure and pay for all necessary licenses and permits to carry on the Subcontractor's Work, the furnishing of which is required by traffic at any one time unless otherwise specified in the Contract Documents. 3.8 The Subcontractor m. Concrete curbs constructed adjacent to flexible base and surface courses shall comply with all Federalbe completed, Statecured, and local laws, including without limitation, Labor laws, Social Security Laws backfilled before the flexible base and Unemployment Compensation Laws, Workers' Compensation Laws, Safety Laws and all other laws insofar as applicable surface courses are constructed. n. Bituminous paving operations shall be staged to progress up to the performance bottom of this Agreement. Subcontractor shall also maintain its own safety program for compliance with such laws. Subcontractor shall pay all benefit fund contributions, insurance premiums and all sales, use or other taxes, of whatever nature applicable to the performance of Subcontractor's Worksurface course. The Subcontractor shall abide by all applicable prevailing wage rate requirements and schedules applicable to its Work and any changes thereto during the course top layer of the Work. The Subcontractor shall indemnify and save harmless bituminous concrete surface course for the Contractor from all costs, damages, liabilities, penalties, legal expenses and attorney's fees and other charges to which the Contractor may be subjected by reason full width of the failure of the Subcontractor to comply with this Paragraph. 3.9 The Subcontractor shall not assign this Subcontract or the proceeds thereof nor subcontract any part of the Work to be performed hereunder without the prior written consent of the Contractortraveled way, with the exception of those subcontractors listed by the Subcontractor and furnished to the Contractor at the time this Agreement is executed. 3.10 The Subcontractor, upon twenty-four (24) hours notice, in person or by a duly authorized representative having power to act and acceptable to Contractor, shall attend, at its own expense, all meetings or conferences that the Owner, Architect/Engineer or Contractor may call, at the building site or elsewhere, for the purpose of discussing the progress of the Work, safety at the site, or ways to expedite the completion of the Project. 3.11 In prosecuting its Work, the Subcontractor shall protect the Work and property and shall abide by the following provisions: a. The Subcontractor shall continuously protect the Work. It shall also protect the Owner's and Contractor's propertyshoulder, and the property auxiliary lanes shall be paved as a single stage of others, from damage, injury or loss arising in connection with the Subcontractor’s Work under the Contract Documents. The Subcontractor shall make good any such damage, injury or loss, except such as may be solely due to errors in the Contract Documents or caused by agents or employees of the Owner or Architect/Engineer, or due to causes beyond the control of Subcontractor and not to its fault or negligence. b. The Subcontractor will remove all snow and ice as may be required for the proper protection and prosecution of its Work. The Subcontractor shall at all times provide and maintain adequate protection against weather so as to preserve its Work, materials, equipment, apparatus, and fixtures free from injury or damage, including mold. c. The Subcontractor shall employ only methods of constructing or erection, and hoists, rigging, forms, scaffolding, cribbing, tools, structures, etc., at the site of the Work which conform to OSHA regulations and local, State and Federal safety laws and codes. d. The Subcontractor shall confine its construction equipment, the storage or materials and the operations of workmen to the limits indicated by laws, ordinances, permits, and as may be established by the Contractor, and shall not unreasonably encumber the premises with construction equipment or materialsfinal paving operation. e. The Subcontractor shall enforce the Owner's and Contractor's instructions and all laws and regulations regarding signs, advertisements, fires, firearms and smoking and the presence of alcohol or drugs. f. The Subcontractor will prevent dust, fumes or smoke from its operations from violating any applicable specification, code or other legal requirement and from harming or interfering with the normal activities of others.

Prosecution of the Work. 3.1 Time is The Contractor shall begin work on the project within 30 calendar days after the acceptance by the City of the essence as executed documents unless otherwise stated or directed by the Engineer. In all cases, work shall be started in time to finish the prosecution of project by the Subcontractor's Work. If requested, completion date stated in the Subcontractor shall provide the Contractor with scheduling information and Subcontractor's proposed schedule for the Subcontractor's WorkContract. The Contractor may prepare shall notify the Schedule of Work for the Project and, as may be necessary, revise the same as the Work progresses. The Subcontractor shall commence the Subcontractor's Work promptly within five days after the date Engineer at least 48 hours in advance of the notice time he intends to proceedstart. The Subcontractor shall commenceIt is distinctly understood and agreed to, continue, and complete its performance of the Project in a prompt and diligent manner at such times, in such order, and in such manner, as directed by the Contractor or in accordance with parties hereto, that the Schedule of Work without hindering the Work of the Contractor or any other subcontractor, and so as to insure completion as directed by the Contractor. Any time specified for the completion of this Agreement, or portion thereof, the work is a material provision the essence of this Agreement. The Subcontractor shall proceed with contract and the Subcontractor's Work, including all necessary submittals, mock-ups and deliveries, so as to progress and complete its Work in accordance with the Contractor’s most current Schedule of Work or as directed by the Contractor. Whenever, in the Contractor's judgment, the Subcontractor fails or is in danger of failing to maintain its part of the Schedule of the Work, Subcontractor shall, without additional compensation, work such overtime and/or additional shifts as the Contractor may direct. 3.2 The Subcontractor shall be responsible for and will prepare for performance of Subcontractor's Work, including, without limitation thereto, the submission of shop drawings, samples, tests, and field dimensions, determination of labor requirements and ordering of materials as required to meet the most current Schedule of Work or the direction of the Contractor. Subcontractor shall notify Contractor when portions of its Work are ready for inspection. 3.3 The Subcontractor will furnish periodic progress reports of the Subcontractor's Work as requested including the progress of materials or equipment to be provided under this Agreement that may be in the course of preparation or manufacture. Deliveries to the site must be prearranged on at least 24 hours notice, unless Subcontractor will be present to receive them. 3.4 The Subcontractor shall cooperate with the Contractor and subcontractors whose work may interfere with the Subcontractor's Work and participate in the preparation of coordinated drawings and work schedules in areas of congestion, specifically noting and advising the Contractor in writing of any interference by other contractors or subcontractors. 3.5 The Contractor shall not be obligated entitled to claim performance of the agreement until the work is satisfactorily completed in every respect, within the time herein specified. The entire project, pieces of work, portions of work and sections of work shall be prosecuted regularly and uninterruptedly, unless the Engineer shall otherwise specifically direct, with such force and at such points as to ensure its full completion within the time herein stated. If in the opinion of the Engineer, it is necessary or liable to advisable that certain portions of the Subcontractor forwork be done immediately, and the Subcontractor hereby expressly waives any claims against the Contractor on account of, any damages, costs or expenses of any nature which the Subcontractor or its subcontractors may incur as a result of any delays, interferences, suspensions, changes in sequence or the like arising from or out of any act or omission of or attributed to the Contractor, upon written order, shall proceed with such work without delay. Should he fail to so proceed, the Owner Engineer may do or cause to be done such work, and will deduct the Owner's representativescost of the same from any money due or to become due the Contractor under this contract. Further, it the Contractor shall be subject to Liquidated Damages as set forth in Section 1.08.06 of these Specifications. If, in the judgment of the Engineer the work is not being understood prosecuted in such manner as to ensure its completion within the time specified, the Engineer shall have the right to require the Contractor to furnish and agreed that place in operation such delays, interferences, changes additional force and equipment as the Engineer shall deem necessary to ensure completion of the work within the time specified in sequence or the like are contemplated Contract. Any of the above requirements directed by the parties and that the Subcontractor's sole and exclusive remedy in such event Engineer shall be an extension of time, but only in accordance with performed by the provisions of this Agreement and only Contractor at no additional cost to the extent an extension of time is actually allowed to the Contractor by the Owner or its representative under the terms of the City. The Contractor's contract with the Owner. In addition, the Subcontractor expressly agrees not to make, and hereby waives, any claim for damages, including those resulting from increased supervision, labor or material cost, on account of any delay, obstruction or hindrance for any cause whatsoever, including but not limited to the aforesaid causes, and agrees that the sole right and remedy therefor shall be an extension of time and only to the extent an extension of time is actually allowed to the Contractor by the Owner or its representatives under the terms of the Contractor's contract with the Owner. 3.6 The Subcontractor shall keep the building and premises reasonably clean of debris resulting from the performance of Subcontractor's Work. In keeping the premises reasonably clear of debris, Subcontractor shall, at a minimum, provide (if contracted to do so) and maintain dumpsters and legally dispose of all debris off site. If the Subcontractor fails ’s failure to comply with this paragraph within 24 hours after receipt of notice of noncompliance from the Contractor, the Contractor may perform such necessary clean-up and deduct the cost from any amounts due to the Subcontractor. 3.7 The Subcontractor Section shall give adequate notices pertaining to the Work be cause for termination of the Subcontractor to proper authorities and secure and pay for all necessary licenses and permits to carry on the Subcontractor's Work, the furnishing of which is required by the Contract Documentsin accordance with Section 1.08.07. 3.8 The Subcontractor shall comply with all Federal, State, and local laws, including without limitation, Labor laws, Social Security Laws and Unemployment Compensation Laws, Workers' Compensation Laws, Safety Laws and all other laws insofar as applicable to the performance of this Agreement. Subcontractor shall also maintain its own safety program for compliance with such laws. Subcontractor shall pay all benefit fund contributions, insurance premiums and all sales, use or other taxes, of whatever nature applicable to the performance of Subcontractor's Work. The Subcontractor shall abide by all applicable prevailing wage rate requirements and schedules applicable to its Work and any changes thereto during the course of the Work. The Subcontractor shall indemnify and save harmless the Contractor from all costs, damages, liabilities, penalties, legal expenses and attorney's fees and other charges to which the Contractor may be subjected by reason of the failure of the Subcontractor to comply with this Paragraph. 3.9 The Subcontractor shall not assign this Subcontract or the proceeds thereof nor subcontract any part of the Work to be performed hereunder without the prior written consent of the Contractor, with the exception of those subcontractors listed by the Subcontractor and furnished to the Contractor at the time this Agreement is executed. 3.10 The Subcontractor, upon twenty-four (24) hours notice, in person or by a duly authorized representative having power to act and acceptable to Contractor, shall attend, at its own expense, all meetings or conferences that the Owner, Architect/Engineer or Contractor may call, at the building site or elsewhere, for the purpose of discussing the progress of the Work, safety at the site, or ways to expedite the completion of the Project. 3.11 In prosecuting its Work, the Subcontractor shall protect the Work and property and shall abide by the following provisions: a. The Subcontractor shall continuously protect the Work. It shall also protect the Owner's and Contractor's property, and the property of others, from damage, injury or loss arising in connection with the Subcontractor’s Work under the Contract Documents. The Subcontractor shall make good any such damage, injury or loss, except such as may be solely due to errors in the Contract Documents or caused by agents or employees of the Owner or Architect/Engineer, or due to causes beyond the control of Subcontractor and not to its fault or negligence. b. The Subcontractor will remove all snow and ice as may be required for the proper protection and prosecution of its Work. The Subcontractor shall at all times provide and maintain adequate protection against weather so as to preserve its Work, materials, equipment, apparatus, and fixtures free from injury or damage, including mold. c. The Subcontractor shall employ only methods of constructing or erection, and hoists, rigging, forms, scaffolding, cribbing, tools, structures, etc., at the site of the Work which conform to OSHA regulations and local, State and Federal safety laws and codes. d. The Subcontractor shall confine its construction equipment, the storage or materials and the operations of workmen to the limits indicated by laws, ordinances, permits, and as may be established by the Contractor, and shall not unreasonably encumber the premises with construction equipment or materials. e. The Subcontractor shall enforce the Owner's and Contractor's instructions and all laws and regulations regarding signs, advertisements, fires, firearms and smoking and the presence of alcohol or drugs. f. The Subcontractor will prevent dust, fumes or smoke from its operations from violating any applicable specification, code or other legal requirement and from harming or interfering with the normal activities of others.