PART 9 - PROTECTION OF PERSONS AND PROPERTY Flashcards
GC 9.1 PROTECTION OF WORK AND PROPERTY
9.1.2
Before commencing any work, the contractor SHALL determine the location of all underground utilities and structures indicated in the contract documents or that are reasonably apparent in an inspection of the place of the work.
GC 9.1 PROTECTION OF WORK AND PROPERTY
9.1.1
The contractor SHALL protect the work, the owner’s property and property adjacent to the place of the work from damage which may arise as the result of the contractor’s operations under the contract, and SHALL be responsible for such damage except damage which occurs as the result of:
1) Errors and omissions in the contract documents,
2) Acts or omissions by the owner, the consultant, other contractors, or their agents and employees.
GC 9.1 PROTECTION OF WORK AND PROPERTY
9.1.3
Should the contractor in the performance of the contract damage the work, the owner’s property or property adjacent to the place of the work, the contractor SHALL be responsible for making good such damage at the contractor’s expense.
GC 9.1 PROTECTION OF WORK AND PROPERTY
9.1.4
Should damage occur to the work or the owner’s property for which the contractor is not responsible, as provided in paragraph 9.1.1, the contractor SHALL make good such damage to the work and, if the owner so directs, to the owner’s property.
The contract price and contract time SHALL be adjusted as provided in GC 6.1 - OWNER’S RIGHT TOI MAKE CHANGES, GC 6.2 - CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE.
GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES
9.2.1
For the purpose of applicable legislation related to toxic and hazardous substances, the owner SHALL be deemed to have control and management of the place of the work with respect to existing conditions.
GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES
9.2.2
Prior to the contractor commencing the work, the owner SHALL:
1) Take all reasonable steps to determine whether any toxic or hazardous substances are present at the place of the work, and
2) Provide the consultant and the contractor with a written list of any such substances that are known to exist and their locations.
GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES
9.2.3
The owner SHALL take all reasonable steps to ensure that no person’s exposure to any toxic or hazardous substance exceeds the time weighted levels prescribe by applicable legislation at the place of the work and that no property is damaged or destroyed as a result of exposure to, or the presence of, toxic or hazardous substances which were at the place of the work prior to the contractor commencing the work.
GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES
9.2.4
Unless the contract expressly provides otherwise, the owner SHALL be responsible for taking all necessary steps, in accordance with applicable legislation in force at the place of the work, to dispose of, store or otherwise render harmless any toxic or hazardous substance which was present at the place of the work prior to the contractor commencing the work.
GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES
9.2.5
If the contractor:
1) encounters toxic or hazardous substances at the place of the work, or
2) Has reasonable grounds to believe that toxic or hazardous substances are present at the place of the work which were not brought to the place of the work by the contractor or anyone for whom the contractor is responsible and which were not disclosed by the owner or which were disclosed but have not been dealt with as required under paragraph 9.2.4, the contractor SHALL
3) Take all reasonable steps, including stopping the work, to ensure that no person’s exposure to any toxic or hazardous substance exceeds any applicable time weighted levels prescribe by applicable legislation at the place of the work, and
4) Immediately report the circumstances to the consultant and the owner in writing.
GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES
9.2.6
If the owner and the contractor do not agree on the existence, significance of, or whether the toxic or hazardous substances were brought onto to the place of the work by the contractor or anyone for whom the contractor is responsible, the owner SHALL retain and pay for an independent qualified expert to investigate and determine such matters. The expert’s report SHALL be delivered to the owner and the contractor.
GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES
9.2.7
If the owner and the contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous substances were not brought onto to the place of the work by the contractor or anyone for whom the contractor is responsible, the owner SHALL promptly at the owner’s own expense:
1) Take all steps as required under paragraph 9.2.4;
2) Reimburse the contractor for the costs of all steps taken pursuant to paragraph 9.2.5;
3) Extend the contract time for such reasonable time as the consultant may recommend in consultation with the contractor and the expert referred to in 9.2.6 and reimburse the contractor for reasonable costs incurred as a result of the delay; and
4) Indemnify the contractor as required by GC 13.1 - INDEMNIFICATION.
GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES
9.2.8
If the owner and the contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardouis substances were brought onto the place of the work by the contractor or anyone for whome the contractor is responsible, the contractor SHALL promptly at the contractor’s own expense:
1) Take all necessary steps, in accordance with applicable legislation in force at the place of the work, to safely remove and dispose the toxic or hazardous substances.
2) Make good any damage to the work, the owner’s property or property adjacent to the place of the work as provided in paragraph 9.1.3.
3) Reimburse the owner for reasonable costs incurred under paragraph 9.2.6; and
4) Indemnify the owner as required by GC 13.1 - INDEMNIFICATION.
GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES
9.2.9
If either party does not accept the expert’s findings under paragraph 9.2.6, the disagreement SHALL be settled in accordance with part 8 of the general conditions - DISPUTE RESOLUTION.
If such disagreement is not resolved promptly, the parties SHALL act immediately in accordance with the expert’s determination and take the steps required by paragraph 9.2.7 or 9.2.8 it being understood that by so doing, neither party will jeopardize any claim that party may have to be reimbursed as provided by GC 9.2 - TOXIC AND HAZARDOUS SUBSTANCES.
GC 9.3 ARTIFACTS AND FOSSILS
9.3.1
Fossils, coins, artifacts of value or antiquity, structures and other remains or things of scientific or historic interest discovered at the place of the work SHALL, as between the owner and the contractor, be deemed to be absolute property of the owner.
GC 9.3 ARTIFACTS AND FOSSILS
9.3.2
The contractor SHALL take all reasonable precautions to prevent removal or damage to discoveries as identified in paragraph 9.3.1 and SHALL advise the consultant upon discovery of such items.
