|
§ 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 />§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor,
<br />Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against
<br />claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from
<br />performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or
<br />death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or
<br />expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
<br />(other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence
<br />of the party seeking indemnity.
<br />§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings
<br />to the site unless such materials or substances are required by the Contract Documents. The Owner shall be
<br />responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's
<br />fault or negligence in the use and handling of such materials or substances.
<br />§ 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of
<br />a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to
<br />perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's
<br />fault or negligence.
<br />§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for
<br />the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the
<br />Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred.
<br />AIA Document A2011-2007. Copyright @ 1911 1915, 1918, 1925 1937 1951, 1958, 1961, 1963, 1966, 1970, 1976 1987, 1997 and 2007 by The American
<br />Init. Institute of Architects. All rights reserved. 'AIA theAlAIpto A201 �riri"AIAx;:�rit�,�r.tl),.r[ri,.u7m,iitr„viz;ir,+t
<br />al ld iI] lay i not be used �vritho it Ipoi mi slog ii, This document was created on 02/08/202215:28:46 under the terms of AIA Documents on Demand® Order 28
<br />No. 2114288131 , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Documents -on -
<br />Demand — End User License Agreement. To report copyright violations, e-mail copyright@aia.org.
<br />
|