Common use of Contractors Work Clause in Contracts

Contractors Work. The Agency's contractor will prosecute and complete its work in a good and workmanlike manner according to contractor's own methods and with and by contractor's own means and employees, free from any supervision, inspection, or control whatsoever by the Railroad, except only as may be necessary to enable the Railroad to determine whether work performed complies with the requirements of this Agreement and conforms to the plans and specifications. It is the intention of the parties that the contractor shall be and remain an independent contractor and that nothing contained in this Agreement shall be construed as inconsistent with that status. (A) The Agency shall require its contractor to abide by special provisions for the benefit and protection of Railroad interests, which shall conform to Exhibit A, BNSF Railway Requirements. Additionally, the Agency agrees to incorporate the indemnity obligations set forth in Exhibit A into the Agency’s contract with the contractor. The Agency shall require its contractor to use all care and precaution necessary to avoid accident, damage, or interference to the Railroad's tracks. (B) If in the opinion of the Railroad a dangerous situation exists because of the contractor's work, the work will stop and the track made safe before the contractor is allowed to resume. No work delay or claim will be assessed the Railroad as a result of this stoppage.