Common use of COOPERATION BETWEEN CONTRACTORS Clause in Contracts

COOPERATION BETWEEN CONTRACTORS. The Owner reserves the right to contract for and perform other or additional work on or near the Work. When separate contracts are let within the limits of any one Project, the Contractor shall conduct his/her Work so as not to interfere with or hinder the progress of completion of the work being performed by other contractors. Contractors working on the same Project shall cooperate with each other as directed. The Contractor shall assume all liability, financial or otherwise, in connection with the Work and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him/her because of the presence and operations of other contractors working within the limits of the same Project. The Contractor shall arrange his/her Work and shall place and dispose of the Materials being used so as not to interfere with the operations of the other contractors within the limits of the same Project. The Contractor shall join his/her Work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. If part of the Contractor’s Work depends upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, prepare a written report to the Owner, identifying apparent discrepancies or defects in the construction or operations by the Owner or the separate contractor that would render it unsuitable for proper execution and results of the Contractor’s Work. Failure of the Contractor to report shall constitute an acknowledgment that the Owner’s or the separate contractors completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable. The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor’s delays, improperly timed activities or defective Work. The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors.

Appears in 7 contracts

Samples: Contract Agreement, Contract Agreement, Contract Agreement

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COOPERATION BETWEEN CONTRACTORS. The Owner Department reserves the right to contract for and perform other or additional work on or near the Workproject covered by the contract. When separate contracts are let awarded within the limits of any one Projectproject, the Contractor each contractor shall conduct his/her Work its work so as not to interfere with or hinder the progress of or completion of the work being performed by other contractors. Contractors working on the same Project project shall cooperate with each other as directed. The Contractor Each contractor involved shall assume all liability, financial or otherwise, in connection with the Work its contract and shall protect and save hold harmless the Owner Department from any and all damages or claims that may arise because of inconvenience, delays, delay or loss experienced by him/her the Contractor because of the presence and operations of other contractors working within the limits of the same Projectproject. The Contractor shall arrange his/her Work its work and shall place and dispose of the Materials materials being used so as not to interfere with the operations of the other contractors within the limits of the same Projectproject. The Contractor shall join his/her Work work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. If In the event the Contract Administrator finds further coordination effort is necessary, he or she shall call a meeting of the contractors involved. After the meeting has been held, the Contract Administrator shall notify the contractors of the action required of each, and the Contract Administrator’s decision is final. INSPECTION OF WORK AND MATERIALS All materials and each part or detail of the work is subject to inspection by the Engineer, Consulting Engineer or Inspector, who shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. To facilitate the inspection of materials, all delivery tickets shall contain, at a minimum, the properties required in the specifications. At the Engineer’s or Consulting Engineer’s instruction, the Contractor may not bury any installed components unless an Inspector is present. Should the Contractor proceed without an Inspector present, the work is deemed unacceptable and shall be uncovered and, at the Inspector’s direction, removed and replaced at the Contractor’s Work depends upon construction or operations by expense. If any work should be covered contrary to the Owner or a separate contractorrequest of the Department, the Contractor shallmust, at its own expense, if required by the Department, uncover the work so that the Department can view it and replace the work. If the Contractor has covered any other work that the Department did not specifically request to observe prior to proceeding it being covered, the Department may still request to see such work and the Contractor shall uncover it. If the Department finds such work to be in accordance with that portion the contract documents, the Contractor shall charge the cost of uncovering and replacement to the Department in an appropriate change order. If the Department finds the work not to be in accordance with the contract documents, the Contractor shall pay the cost of uncovering and replacement, unless the unacceptable condition was caused by a separate contractor employed by the Department, in which case, the Department shall be responsible for the payment of such costs. At the Engineer’s or Consulting Engineer’s request, the Contractor, at any time before the Department accepts the work, shall remove or uncover those portions of the Workfinished work as the Engineer or Consulting Engineer may direct. After examination, prepare a written report the Contractor shall restore those portions of the work to the Owner, identifying apparent discrepancies or defects in the construction or operations standard required by the Owner specifications. The Department may order any work done or the separate contractor that would render it unsuitable for proper execution materials used without supervision or inspection by an authorized Department representative to be removed and results of replaced at the Contractor’s Workown expense. Failure The Department’s failure to reject any defective material or work shall not in any way prevent later rejection when such defects are discovered or obligate the Department to final acceptance. No work shall be done at night or on Sundays or holidays without documented prior approval of the Contractor to report shall constitute an acknowledgment that the Owner’s or the separate contractors completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable. The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor’s delays, improperly timed activities or defective WorkContract Administrator. The Contractor shall promptly remedy damage correct all work rejected by the Department as defective or as failing to conform to the contract documents, whether observed before or after final completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected work. The Contractor shall remove all such defective or non-conforming work from the site, if necessary, and correct the work to comply with the contract documents at no cost to the Department. If the Contractor wrongfully causes fails to completed correct such defective or partially completed construction non-conforming work, the Department may either terminate the contract or accept the non-conforming work and issue a change order reflecting an appropriate reduction in the contract sum. If the appropriate reduction is not calculated until after the Department has made final payment to the Contractor, the Contractor shall reimburse the Department that sum. The Contractor shall not do any work without lines and grades having been given or approved by the Engineer or Consulting Engineer. The Department will consider unacceptable any work done contrary to the instructions of the Engineer or Consulting Engineer, any work done beyond the lines shown on the plans or as given, except as specified, or any extra work done without authority, and the Department will not pay for it. The Department may order work so done repaired or removed and replaced at the Contractor’s own expense. Upon the Contractor’s failure to comply promptly with any order of the Engineer or Consulting Engineer, the Engineer or Consulting Engineer has the authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed, and the Department has the authority to deduct the costs from any monies due or to property of become due the Owner or separate contractorsContractor.

Appears in 1 contract

Samples: dep.wv.gov

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