§ 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
<br /> lilt. til :-
<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 far , 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 . F1 :and10.2: 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 /> 11 1
<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 unsate condition9. .
<br /> § 1018 INJURY OR DAMAGE TO PERSON OR PROPERTY
<br /> 91
<br /> 16
<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 /> 9. others for whose acts such p 1 66 arty 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 /> 19
<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 /> 9 9 LL
<br /> stop Work m the affe1, 999
<br /> cted area and report the condition to the Owner and Architect in writing.
<br /> § 10.3.2U. 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 its found to be present, to cause it to be rendered harmless. Unless otherwise required by the
<br /> 9,99 9
<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 promptly reply to the Owner in writing stating whether or not either has reasonable objection to the
<br /> persons or entitieLL s 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 /> r 91 esume 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 /> Init. AIA Document A201 T" — 28007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and
<br /> 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
<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
<br /> to the
<br /> maximum extent possible under the law. This document was produced by All software at 11 :28:34 on 12/21 /2012 under Order No.4386727979_1 which
<br /> expires on 02/05/2013, and is not for resale.
<br /> User Notes: (811102566)
<br />
|