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. 1 employees on the Work and other persons who may be affected thereby ;
<br /> .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the
<br /> site, under care, custody or control of the Contractor or the Contractor' s Subcontractors or Sub-
<br /> subcontractors ; and
<br /> .3 other property at the site or adjacent thereto , such as trees, shrubs, lawns , walks , pavements,
<br /> roadways, structures and utilities not designated for removal , relocation or replacement in the course
<br /> of construction .
<br /> § 10 .2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful
<br /> orders of public authorities bearing on safety of persons or property or their 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 load or permit any part of the construction or site to be loaded so as to endanger its
<br /> safety .
<br /> § 10.3 HAZARDOUS MATERIALS
<br /> § 10.3. 1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons
<br /> resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB ) ,
<br /> encountered on the site by the Contractor, the Contractor shall , upon recognizing the condition, immediately stop
<br /> any ongoing Work in the affected area and report the condition to the Owner and Architect in writing .
<br /> § 10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material
<br /> or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify
<br /> that it has been rendered harmless . Unless otherwise required by the Contract Documents , the Owner shall furnish in
<br /> writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests
<br /> verifying the presence or absence of such material or substance or who are to perform the task of removal or safe
<br /> containment of such material or substance . The Contractor and the Architect will promptly reply to the Owner in
<br /> writing stating whether or not either has reasonable objection to the persons or entities proposed by the !Owner, and
<br /> in the event of an objection, the Owner. specific reasons therefor. If either the Contractor or Architect has an
<br /> objection to a person or entity proposed by the Owner and fully complies with the Owner,next proceeding sentence,
<br /> the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection . When If
<br /> the absence of the material or substance is verified. Work shall immediately resume without adjustment of the
<br /> Contract Time or the Contract sum. If the presence of the material or substance is verified , when the material or
<br /> substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner
<br /> and Contractor. The Contract Time shall be extended appiepriatelif and as appropriate and the Contract Sum shall
<br /> be increased in the amount of the Contractor' s reasonable additional costs of shut-down, delay and startup, which
<br /> adjustments shall be accomplished as provided in Article 7 .
<br /> AIA Document A201T" — 1997. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963 , 1966, 1970, 1976, 1987 and 1997 by The
<br /> American
<br /> Institute of Architects. All rights reserved. WARNING : This AIAe Document is protected by U.S. Copyright Law and International Treaties. 33
<br /> Unauthorized reproduction or distribution of this AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will
<br />be
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14 :50:06 on 08/10/2005 under Order
<br /> No. 1000192296_1 which expires on 8/8/2006, and is not for resale.
<br /> User Notes : (726890250)
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