.1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements of the Design-Build Documents, whether the defect is latent or patent; or
.3 terms of special warranties required by the Design-Build Documents.
§ 9.10.5 Acceptance of final payment by the Design-Builder shall constitute a waiver of claims by the Design-Builder except those previously made in writing in accordance with the Design-Build Documents and identified by the Design-Builder as unsettled at the time of final Application for Payment.
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
§ 10.1 Safety Precautions and Programs
The Design-Builder shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract.
§ 10.2 Safety of Persons and Property
§ 10.2.1 The Design-Builder shall be responsible for precautions for the safety of, and reasonable protection to prevent damage, injury or loss to
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site, under care, custody or control of the Design-Builder or the Architect, Consultants, or Contractors, material and equipment suppliers, or other persons or entities providing services or work for the Design-Builder; and
.3 other property at the Project site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, buildings, facilities, or structures and utilities not designated for removal, relocation or replacement in the course of construction.
§ 10.2.2 The Design-Builder shall comply with, and give notices required by, applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property, or their protection from damage, injury or loss.
§ 10.2.3 The Design-Builder shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations, and notify owners and users of adjacent sites and utilities of the safeguards and protections.
§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods, are necessary for execution of the Work, the Design-Builder shall provide the Owner and owners and users of adjacent areas, sites, and utilities with reasonable notice, exercise utmost care, and carry on such activities under supervision of properly qualified personnel and in strict compliance with applicable law.
§ 10.2.5 The Design-Builder shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Design-Build Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3, caused in whole or in part by the Design-Builder, the Architect, a Consultant, a Contractor, a material and equipment supplier, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Design-Builder is responsible under Sections 10.2.1.2 and 10.2.1.3; except damage or loss attributable to acts or omissions of the Owner, or anyone directly or indirectly employed by the Owner, or by anyone for whose acts the Owner may be liable, and not attributable to the fault or negligence of the Design-Builder. The foregoing obligations of the Design-Builder are in addition to the Design-Builders obligations under Section 3.1.14.
§ 10.2.6 The Design-Builder shall designate a responsible member of the Design-Builders organization, at the Project site, whose duty shall be the prevention of accidents. This person shall be the Design-Builders superintendent unless otherwise designated by the Design-Builder in writing to the Owner. The Design-Builder shall promptly report to the Owner by telephone or in writing all accidents related to the Project that cause death, personal injury or property damage, providing full details. The Design-Builder shall provide the Owner with a copy of any report of such accidents made to any public authority or insurer.
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AIA Document A141TM 2014. Copyright © 2004
and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:58:43 on 03/23/2018 under Order No. 8697824956 which expires on 06/18/2018, and is not for resale.
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