Common use of Use of Worksite Clause in Contracts

Use of Worksite. (a) The Contractor shall confine operations to such areas within the Worksite as are permitted by law, ordinances, permits and the Contract Documents, and shall not encumber the Worksite with obstructions, materials or equipment. (b) Contractor shall schedule and perform the Work in a manner that does not compromise the safety of any persons, including visitors, faculty and staff, and does not disrupt or interfere with Owner’s ongoing operations. Contractor shall perform, and shall cause all of its Subcontractors, suppliers and personnel to perform, the Work in strict accordance with the Owner’s infection control and life safety policies and procedures, including all interim life safety measures and infection control procedures required by the Contract Documents, and all applicable local, state and federal infection control and life safety rules and regulations. In the event of a discrepancy between any of the foregoing, the policy, procedure, rule or regulation imposing the greater duty or obligation on the Contractor shall govern. (c) The Contractor shall perform its Work to avoid disruptions to the Owner’s hospital systems, including but not limited to the mechanical, electrical, plumbing, medical gas, fire protection, fire alarm and low voltage systems (hereinafter referred to as “Utility Systems”). However, in the event, the Construction Documents require disruption to certain hospital systems, the Contractor shall provide at least (14) days written notice to Owner of the planned disruption or shut down and specify in such notice the following: (i) the time the disruption is planned to commence; (ii) the anticipated duration of the disruption; (iii) the impacted areas, departments and hospital systems, and (iv) an explanation of the need for such disruption. The Contactor shall not proceed with the planned disruption until Owner has given authorization to proceed with such disruption at the times specified by the Owner. The Contractor shall schedule a coordination meeting with hospital staff prior to commencement of any planned disruption if requested by Owner. (1) Subject to the foregoing, the Contractor shall be afforded the following planned disruptions and shut downs free of charge: (i) one (1) medical gas shut down; (ii) two (2) domestic water shut downs; (iii) one (1) chilled water shut down; (iv) one (1) steam or hot water system shut down; and (v) one (1) sewer shut down. (2) The costs of all other disruptions and shut downs shall be incurred by the Contractor in accordance with the following stipulations: (i) for each medical gas system shut down thereafter, not less than $1,000.00 per each affected floor of the hospital, or any portion thereof; and (ii) for all other Utility System shut downs thereafter, not less than $500.00 dollars per each requested Utility System shutdown. Payment for such disruptions and shut downs shall be made in full to the Owner simultaneous with the Contractor’s submission of written notice of such disruption as required by Article 9.03(c) above. Contractor shall ensure payment is made to Owner with certified funds. The planned disruption or shut down shall not occur until Owner has verified payment of such certified funds. In lieu of certified funds, Contractor may offer the Owner a credit equal to the utility shut down charge per request against the Contract Sum. If accepted by the Owner, a deductive Change Order to the Contract Sum shall be executed to reflect amounts credited to the Owner.