Agenda - Public Works Committee - 08/15/2011

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precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to: 18.1.1 All employees on the Work and other persons who may be affected thereby; 18.1.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Work site; and 18.1.3 Other property at the Work site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 18.2 The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. The Contractor will erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for safety and protection, including posting danger signs and other warnings against hazards and promulgating safety regulations. The Contractor will notify owners of adjacent utilities when execution of Work may affect them. When the use or storage of explosives or other hazardous materials is necessary for the performance of the Work, the Contractor will exercise the utmost care and will carry on such activities under the supervision of properly qualified personnel. All damage, injury or loss to any property referred to in this paragraph caused, directly or indirectly, in whole or in part, by the Contractor, or Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, will be remedied by the Contractor, except damage or loss attributable to the fault of Plans or Specifications or to the acts or omissions of the Owner or the Engineer or anyone employed by either of them or for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. 18.3 The Contractor will designate a responsible employee at the Work site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the Engineer. 18.4 In emergencies affecting the safety of persons or the Work or property at the Work site or adjacent thereto, the Contractor, without special instruction or authorization from the Engineer, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. The Contractor will give the Engineer prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved if said emergency is not a direct cause of the neglect of the Contractor or Subcontractor or a deviation by the Contractor from any of the provisions of the Contract Documents. ARTICLE 19. Access to the Work: Uncovering Finished Work 19.1 The Engineer will at all times have access to the Work. The Contractor will provide proper facilities for such access and observation of the Work and also for any inspection, or testing thereof by others. GC 15