|
<br />10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of
<br />public authorities bearing on safety of persons or property or their protection from damage, injury or loss.
<br />
<br />10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable
<br />safeguards for safety and protection, including posting danger signs and other wamings against hazards, promulgating safety
<br />regulations and notifying owners and users of adjacent sites and utilities.
<br />
<br />10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for
<br />execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly
<br />qualified personnel.
<br />
<br />10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance
<br />required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the
<br />Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for
<br />whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or
<br />loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by
<br />anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing
<br />obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18.
<br />
<br />10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the
<br />prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in
<br />writing to the Owner and Architect.
<br />
<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 safety.
<br />
<br />10.3 HAZARDOUS MATERIALS
<br />10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a
<br />material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the
<br />Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the
<br />condition to the Owner and Architect in writing. The Contractor shall have no re$pOnsibility for the discovery. presence. handline:.
<br />removal. disposal or e'Wosure of persons to ha7.ardnus substances existine: in any form at the site prior to constructionunless such
<br />toxic substances have been broue:ht to or produced at the PrQject site by Contractor or subcontractor of any tier. Constractor shall
<br />not be res,ponsible for hazardous materials broue:ht to the site subseqJ1ent to the start of construction by those not under the
<br />su,pervision of the Contractor.
<br />
<br />10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or
<br />substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been
<br />rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and
<br />Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such
<br />material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor
<br />and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons
<br />or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the
<br />Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the
<br />material or 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 appropriately and the Contract Sum shall be increased in the amount of the
<br />Contractor's reasonable additional costs of shut-down, delay and start-up, which adjustments shall be accomplished as provided in
<br />Article 7.
<br />
<br />10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors,
<br />Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and
<br />expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area
<br />ifin fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 10.3.1 and has not been
<br />rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or
<br />to injury to or destruction of tangible property (other than the Work itself) and provided that such damage, loss or expense is not
<br />
<br /><0 AlA DOCUMENT A201-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AlA - COPYRIGHT 1997 - THE
<br />AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK A VENUE N. W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying
<br />violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be
<br />reproduced without violation until the date of expiration as noted below. User Document: weitz 201 city ofsunny.aia -- 4/3/2002. AlA License Number 1000746,
<br />which expires on 8/3/2002.
<br />
<br />Electronic Format A201-1997
<br />3410
<br />
|