Common use of PROSECUTION AND PROGRESS Clause in Contracts

PROSECUTION AND PROGRESS. A. The Contractor shall conduct the Work in such a manner and with sufficient materials, equipment, and labor as is considered necessary to insure its completion within the time limit specified. B. Should the Contractor fail to start the Work within the time limit specified herein or at any time fail to provide a sufficiency of skilled workmen, materials, and well maintained and functioning equipment, or should the Design Professional at any time become convinced that the Work will not be completed within the time specified, or should the Contractor become bankrupt or insolvent, or fail to remedy or correct defects or deficiencies within reasonable time, the Contractor shall be deemed to have violated the provisions of the Contract, and the Owner may then proceed to terminate the Contract as herein elsewhere provided. C. The Contract Times will commence to run on the day indicated in the Notice to Proceed. The Owner shall issue a Notice to Proceed in accordance with La. R.S. 38:2215. The Contractor is to commence Work under the Contract within ten (10) days from the date the Notice to Proceed is issued by the Owner. In no event will Owner have any obligations or duties to Contractor under the Agreement until the Notice to Proceed is given to Contractor. D. The grades, elevations, dimensions, locations, and field measurements or any Drawings or Specifications issued by the Design Professional, or the Work installed by other contractors, are not guaranteed by the Design Professional or the Owner. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify the accuracy of all grades, elevations, dimensions, locations, and field measurements. In all cases of the interconnection of Work with existing or other Work, Contractor shall verify at the Site all dimensions relating to such existing or other Work. Contractor shall promptly report in writing to Design Professional any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Design Professional before proceeding with any Work affected thereby. Any errors due to the Contractor's failure to verify all such grades, elevations, locations, dimensions, or field measurements shall be promptly rectified by Contractor without any additional costs to Owner or extensions of Contract Times. E. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Design Professional for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, indicating any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawings and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. F. Contractor shall not start any Work at the Site unless and until Contractor has in place and in full force and effect all of the insurance and Bonds which the Contractor is required to obtain by the Agreement, the Contract, or the Supplementary Conditions. Any delay in obtaining confirmation of the existence of the insurance, Bonds, and other security required by the Contract and compliance with the terms of the Contract therefor shall be counted as workdays if the start of Work is delayed beyond the time set forth in paragraph C above. The Contract shall not be in force or binding on Owner until satisfactory Bonds and insurance have been provided in accordance with the Contract Documents. G. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by the Council as Owner, represented herein by its Council Chairman or his authorized agents; Contractor; Design Professional; and others as appropriate will be held to review for acceptability to Design Professional as provided below the schedules submitted in accordance with paragraph E. Contractor shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Design Professional. H. 1. The progress schedule will be acceptable to Design Professional if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on Design Professional responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility thereof.

PROSECUTION AND PROGRESS. A. The Contractor shall conduct the Work in such a manner and with sufficient materials, equipment, and labor as is considered necessary to insure its completion within the time limit specified. B. Should the Contractor fail to start the Work within the time limit specified herein or at any time fail to provide a sufficiency of skilled workmen, materials, and well maintained and functioning equipment, or should the Design Professional at any time become convinced that the Work will not be completed within the time specified, or should the Contractor become bankrupt or insolvent, or fail to remedy or correct defects or deficiencies within reasonable time, the Contractor shall be deemed to have violated the provisions of the Contract, and the Owner may then proceed to terminate the Contract as herein elsewhere provided. C. The Contract Times will commence to run on the day indicated in the Notice to Proceed. The Owner shall issue a Notice to Proceed in accordance with La. LSA- R.S. 38:2215. The Contractor is to commence Work under the Contract within ten (10) days from the date the Notice to Proceed is issued by the Owner. In no event will Owner have any obligations or duties to Contractor under the Agreement until the Notice to Proceed is given to Contractor. D. The grades, elevations, dimensions, locations, and field measurements or any Drawings or Specifications issued by the Design Professional, or the Work installed by other contractors, are not guaranteed by the Design Professional or the Owner. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify the accuracy of all grades, elevations, dimensions, locations, and field measurements. In all cases of the interconnection of Work with existing or other Work, Contractor shall verify at the Site all dimensions relating to such existing or other Work. Contractor shall promptly report in writing to Design Professional any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Design Professional before proceeding with any Work affected thereby. Any errors due to the Contractor's failure to verify all such grades, elevations, locations, dimensions, or field measurements shall be promptly rectified by Contractor without any additional costs to Owner or extensions of Contract Times. E. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Design Professional for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, indicating any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawings and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. F. Contractor shall not start any Work at the Site unless and until Contractor has in place and in full force and effect all of the insurance and Bonds which the Contractor is required to obtain by the Agreement, the Contract, or the Supplementary Conditions. Any delay in obtaining confirmation of the existence of the insurance, Bonds, and other security required by the Contract and compliance with the terms of the Contract therefor shall be counted as workdays if the start of Work is delayed beyond the time set forth in paragraph C above. The Contract shall not be in force or binding on Owner until satisfactory Bonds and insurance have been provided in accordance with the Contract Documents. G. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by the Council as Owner, represented herein by its Council Chairman or his authorized agents; Contractor; Design Professional; and others as appropriate will be held to review for acceptability to Design Professional as provided below the schedules submitted in accordance with paragraph E. Contractor shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Design Professional. H. 1. The progress schedule will be acceptable to Design Professional if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on Design Professional responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility thereof.

PROSECUTION AND PROGRESS. ‌ 1. Beginning, Progress Schedule, and Completion of Work.‌ A. The Contractor Contract time shall conduct commence the Work in such a manner and with sufficient materials, equipment, and labor as is considered necessary to insure its completion within work upon the time limit specified. B. Should the Contractor fail to start the Work within the time limit date specified herein or at any time fail to provide a sufficiency of skilled workmen, materials, and well maintained and functioning equipment, or should the Design Professional at any time become convinced that the Work will not be completed within the time specified, or should the Contractor become bankrupt or insolvent, or fail to remedy or correct defects or deficiencies within reasonable time, the Contractor shall be deemed to have violated the provisions of the Contract, and the Owner may then proceed to terminate the Contract as herein elsewhere provided. C. The Contract Times will commence to run on the day indicated in the Notice to Proceed. The Owner Contractor shall issue a Notice to Proceed in accordance with La. R.S. 38:2215. The Contractor is to commence begin Work under at the Contract Site within ten (10) days from of said date unless otherwise ordered in writing by the date DCR. B. Within seven (7) days after the issuance of the Notice to Proceed is issued Proceed, Saturdays, Sundays and legal holidays excluded, the Contractor shall submit to the DCR a progress schedule for the term of the Contract as required by the OwnerContract Documents, showing in detail his/her proposed progress for the construction of the various parts of the Work and the proposed times for receiving required materials. In no Upon approval by the DCR, said schedule shall constitute the Progress Schedule. The Contractor shall at the end of each month, or more often if required, furnish to the DCR a schedule meeting the requirements of the Specifications showing the actual progress of the parts of the Work in comparison with the Progress Schedule. C. Time is of the essence of this Contract. The Work shall be completed within the time specified in Article 2 of the Department of Conservation and Recreation - Contractor Agreement. Should the Contractor require additional time to complete the Work, the Contractor shall document the reasons therefor and submit a written request for an extension of time within 20 days of the occurrence of the event will Owner have alleged to be the cause of the delay, as provided in this Article and in Article VII of these General Conditions of the Contract. Failure to submit said written request within the time required by the preceding sentence shall preclude the Contractor from subsequently claiming any obligations or duties time extension due to Contractor under the Agreement until the Notice to Proceed is given to Contractorsaid delay. D. The gradesIf, elevationsin the opinion of the DCR, dimensionsthe Contractor fails to comply with the construction schedule as set forth in the Contractor’s bid or the Project specifications, locationsthe DCR may give the Contractor a notice specifying the time limits and performance standards that the Contractor is failing to meet whereupon (1) the Contractor shall, and field measurements if the notice requires, discontinue all or any Drawings or Specifications issued by portion of the Design ProfessionalWork (which discontinuance shall neither terminate the Contract nor give the Contractor any claim for an increase in the Contract Price, damages, or an extension of any completion deadlines); or (2) at Contractor's sole cost increase the Work installed by other contractorswork force, are not guaranteed by equipment and plant, or any of them, employed on the Design Professional whole or the Owner. Before undertaking each any part of the Work, to the extent required by such notice, and employ the same from day to day until the completion of the Work or such part thereof, or until the failure regarding the rate of progress, in the opinion of the DCR, shall have been sufficiently corrected. E. If, in the opinion of the DCR, the Contractor fails to comply with the construction schedule, and whether the DCR shall have given the Contractor a notice described in D above, the DCR may (but shall not be required to) give the Contractor notice of such failure and five (5) days to cure the same. Unless the Contractor shall carefully study within that five days take all necessary steps to do so (including, if the DCR requires, increasing its forces, equipment and compare plant) and continue to do so until in the Contract Documents and check and verify the accuracy of all grades, elevations, dimensions, locations, and field measurements. In all cases opinion of the interconnection of Work with existing or other WorkDCR the failure is corrected, Contractor shall verify the DCR may at the Site all dimensions relating to such existing or other Work. Contractor shall promptly report in writing to Design Professional any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Design Professional before proceeding with any Work affected thereby. Any errors due to the Contractor's failure to verify expense and without terminating this Contract take exclusive or joint possession of all such grades, elevations, locations, dimensions, or field measurements shall be promptly rectified by Contractor without any additional costs to Owner or extensions of Contract Times. E. Within ten days after the Effective Date a portion of the Agreement (unless otherwise specified Site and employ and direct the labors of existing or such additional forces, equipment and plant as may in the General Requirements), Contractor shall submit DCR's opinion be necessary to Design Professional for its timely review: 1. a preliminary progress schedule indicating insure the times (numbers of days or dates) for starting and completing the various stages completion of the Work, indicating any Milestones Work or such part thereof within the time specified in the Contract Documents; 2Documents or at the earliest possible date thereafter. The DCR may exercise its rights under this Article at any time and from time to time without waiving any of its rights under this Contract, at law or in equity, including, without limitation, the right to deem this Contract terminated or to order the Contractor to discontinue the Work at any time thereafter. The Contractor shall continue to perform the remaining Work under this Contract even if the DCR elects to have another contractor perform a preliminary schedule of Shop Drawings and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all portion of the Work under this Article. F. The DCR shall deduct the cost of any actions the DCR takes under this Article from any amount then due or which includes quantities might have become due to the Contractor under this Contract had the Contractor performed as required. On demand, the Contractor shall pay the DCR any amount by which the cost of completing all or any portion of the Work exceeds the amount attributable to that Work under the Contract Documents. The DCR's sole goal will be to complete the Work that it elects to complete within the time limits stated in the Contract or soon thereafter. Consequently, the DCR shall have no obligation to obtain competitive bids or the lowest cost for completing the Work or any part thereof, except when it is required by law. The DCR's election to complete all or part of the Work shall not release the Contractor from any liability for failure to complete the Work as the Contract Documents require and prices of items which when added together equal shall not entitle the Contractor to a claim for an increase in the Contract Price and subdivides or an extension of the Work into component parts in sufficient detail to serve as the basis time for progress payments during performance of completing the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. F. Contractor shall not start If the cost that the DCR incurs in completing all or any Work at the Site unless and until Contractor has in place and in full force and effect all of the insurance and Bonds which the Contractor is required to obtain by the Agreement, the Contract, or the Supplementary Conditions. Any delay in obtaining confirmation of the existence of the insurance, Bonds, and other security required by the Contract and compliance with the terms of the Contract therefor shall be counted as workdays if the start of Work is delayed beyond the time set forth in paragraph C above. The Contract shall not be in force or binding on Owner until satisfactory Bonds and insurance have been provided in accordance with the Contract Documents. G. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by the Council as Owner, represented herein by its Council Chairman or his authorized agents; Contractor; Design Professional; and others as appropriate will be held to review for acceptability to Design Professional as provided below the schedules submitted in accordance with paragraph E. Contractor shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Design Professional. H. 1. The progress schedule will be acceptable to Design Professional if it provides an orderly progression portion of the Work to completion within any specified Milestones and is less than the amount that the Contract Times. Such acceptance Documents attribute to that Work, the DCR will not impose on Design Professional responsibility for pay or credit the progress scheduledifference to the Contractor, for sequencingless any other costs and expenses that the DCR incurs, schedulingincluding the cost of supervision, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility thereofand attorneys' fees and costs.

PROSECUTION AND PROGRESS. A. The Contractor shall conduct the Work in such a manner and with provide sufficient materials, equipment, and labor as is considered necessary to insure its guarantee the completion of the Project in accordance with the Plans and Specifications within the time limit specified. B. Should set forth in the Contractor fail Proposal. Unless otherwise required by the Engineer, each operation shall begin as soon after the Contract is awarded as conditions will permit. Each class of work will be expected to start continue from the Work within the time limit specified herein or at any time fail to provide a sufficiency of skilled workmen, materials, and well maintained and functioning equipment, or should the Design Professional at any time become convinced that the Work will not be completed within the time specified, or should the Contractor become bankrupt or insolvent, or fail to remedy or correct defects or deficiencies within reasonable time, the date it is begun until it is completed. The Contractor shall be deemed to have violated furnish the provisions Engineer, for approval, a Progress Schedule immediately following the receipt of the Contract, and the Owner may then proceed to terminate the Contract as herein elsewhere provided. C. The Contract Times will commence to run on the day indicated in the Notice to Proceed. The Owner Unless otherwise specified, the schedule shall issue a Notice to Proceed in accordance with La. R.S. 38:2215. The Contractor is to commence Work under the Contract within ten (10) days from the date the Notice to Proceed is issued be prepared on forms furnished by the Owner. In no event Department or an acceptable critical path schedule will Owner have any obligations or duties to Contractor under the Agreement until the Notice to Proceed is given to Contractor. D. The grades, elevations, dimensions, locations, and field measurements or any Drawings or Specifications issued by the Design Professional, or the Work installed by other contractors, are not guaranteed by the Design Professional or the Owner. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify the accuracy of all grades, elevations, dimensions, locations, and field measurements. In all cases of the interconnection of Work with existing or other Work, Contractor shall verify at the Site all dimensions relating to such existing or other Work. Contractor shall promptly report in writing to Design Professional any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Design Professional before proceeding with any Work affected thereby. Any errors due to the Contractor's failure to verify all such grades, elevations, locations, dimensions, or field measurements shall be promptly rectified by Contractor without any additional costs to Owner or extensions of Contract Times. E. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Design Professional for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, indicating any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawings and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve used as the basis for establishing the controlling items of work and as a check on the progress payments during performance of The Work. This Schedule will not be required on resurfacing projects. Approval of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. F. Contractor Progress Schedule shall not start be construed to imply approval of any Work at particular method or sequence of construction or to relieve the Site unless Contractor of providing sufficient materials, equipment, and until Contractor has in place and in full force and effect all labor to guarantee the completion of the insurance and Bonds which Project in accordance with the Contractor is required to obtain by the AgreementPlans, the Contract, or the Supplementary Conditions. Any delay in obtaining confirmation of the existence of the insurance, BondsSpecifications, and other security required by the Contract and compliance with the terms of the Contract therefor shall be counted as workdays if the start of Work is delayed beyond Special Provisions within the time set forth in paragraph C abovethe Proposal. Contract Time as shown in the Proposal is the allowable time. The Contractor’s proposed Progress Schedule may indicate a completion date in advance of the Contract shall Specified Completion Date; however, the Department will not be liable in force any way for the Contractor’s failure to complete the project prior to the Contract Specified Completion Date. At least 48 hours before commencing The Work, the Contractor shall notify the Engineer of his intention to begin so that proper inspection may be provided. Should the prosecution of The Work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. If the Contractor’s operations are materially affected by changes in the Plans or binding on Owner until satisfactory Bonds and insurance have been provided in accordance the amount of work, or if he has failed to comply with the Contract Documents. G. Unless otherwise provided in approved schedule, the Contract DocumentsContractor shall submit a revised Progress Schedule, at least ten if requested by the Engineer, which schedule shall show how he proposes to prosecute the balance of The Work. The Contractor shall submit the revised Progress Schedule within 10 days before submission after the date of the first Application for Payment a conference attended by the Council as Owner, represented herein by its Council Chairman or his authorized agents; Contractor; Design Professional; and others as appropriate will be held to review for acceptability to Design Professional as provided below the schedules submitted in accordance with paragraph E. request. The Contractor shall have an additional ten days to make corrections and adjustments and to complete and resubmit incorporate into every Progress Schedule submitted, any contract requirements regarding the schedulesorder of performance of portions of The Work. No progress payment shall payments will be made to the Contractor until acceptable schedules are submitted to Design Professionalwhile he is delinquent in the submission of a Progress Schedule or a revised Progress Schedule. H. 1. The progress schedule will be acceptable to Design Professional if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on Design Professional responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility thereof.