05-D Animal Shelter Contract - Laserfiche WebLink

Home Browse Search

10.2.6 The Contrador shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise desiguated by ihe Contractor in writing to the Oovner and Architect. 10.2.7 The Contrador shall not load or permit any part of the construdion or site to be loaded so as to endanger its safety. 103 HAZARDOUSMATERIALS 70.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. 703.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be pre;ent, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall fumish in writing to the Contractor and Architect the names and quali&ations of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contrador and the Archited will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affeded area shall resume upon written agreement of the Owner and Contractoc The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down, delay and start-up, which adjustments shall be accomplished as provided in Artide 7. 7033 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attor- neys' fees, arising out of or resulting hom perEormance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other thau the Work itself) and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. 70.4 The Owner shall not be responsible under Paragraph 103 for materials and substances brought to the site by the Contractor unless such materials or substances were required by the Contract Documents. 10.5 If, without negligence on the pazt of the Contractor, the Contractor is held liable for the cost of remediation of a hazardous material orsubstance solely by reason of performing Work as required by the Contrad Documents, the Owner shall indemnify the Contractor for all cost and expense therebyincurred. 10.6 EMERGENCIES 10.6.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or WA0.NING: Unlicensed plqfocopylng vblates U.S. copyright laws and will subject fhe violetor to legsl prosecution. ~ IIII o o. b o~.~.oo O 0 1997 AIAO AIA DOCUMENT A201-1997 GENERAI CONDITIONS Of THE CONTRACT FOR CONSTRUCTION The American Institute of Archirects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292