|
Init.
<br />§ 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
<br />rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their
<br />protection from damage, injury or loss.
<br />§ 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract,
<br />reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,
<br />promulgating safety regulations and notifying owners and users of adjacent sites and utilities.
<br />§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are
<br />necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under
<br />supervision of properly qualified personnel.
<br />§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property
<br />insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in
<br />whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed
<br />by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under
<br />Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or
<br />anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable,
<br />and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in
<br />addition to the Contractor's obligations under Section 3.18.
<br />§ 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty
<br />shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise
<br />designated by the Contractor in writing to the Owner and Architect.
<br />§ 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or
<br />create an unsafe condition.
<br />§ 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY
<br />If either party suffers injury or damage to person or property because of an act or omission of the other party, or of
<br />others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not
<br />insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice
<br />shall provide sufficient detail to enable the other party to investigate the matter.
<br />§ 10.3 HAZARDOUS MATERIALS
<br />§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents
<br />regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the
<br />Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death
<br />to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl
<br />(PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately
<br />stop Work in the affected area and report the condition to the Owner and Architect in writing.
<br />§ 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory
<br />to verify the presence or absence of the material or substance reported by the Contractor and, in the event such
<br />material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the
<br />Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications
<br />of persons or entities who are to perform tests verifying the presence or absence of such material or substance or
<br />who are to perform the task of removal or safe containment of such material or substance. The Contractor and the
<br />Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the
<br />persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity
<br />proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no
<br />reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall
<br />resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be
<br />extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable
<br />additional costs of shut -down, delay and start-up.
<br />AIA Document A20111" — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
<br />Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 28
<br />reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
<br />maximum extent possible under the law. This document was produced by AIA software at 16:58:20 on 03/19/2015 under Order No. 6807041607 which
<br />expires on 03/18/2016, and is not for resale.
<br />User Notes: (3B9ADA1 E)
<br />
|